Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can shorten the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a long time but it can also potentially result in a larger award.

The brachial plexus is a set of nerves that control movement within the arm. Forcing the neck, Erb's palsy lawsuit head arms or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement could help you pay for their care. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys are likely to seek a settlement prior to when the trial gets underway.

If you are unable come to a deal the case will be taken to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or submit their testimony via video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. You must also keep the numbers of your witnesses and addresses on file in case you have to call them as witnesses in the future.

Complaint to the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some children will require surgery to repair torn nerve fibers. However, a significant number of children don't recover in any way and will have to live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist to obtain copies of your child’s medical records and Erb's palsy lawsuit determine whether the doctor who performed surgery on your child had a previous medical malpractice case.

When your lawyer is aware of the injuries suffered by your child then she will bring a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence including expert opinions, depositions and medical records, and more. This is a vital part of your legal proceeding as it allows both sides to build their arguments. It can take up to one year to settle a case.

Settlement

When your shenandoah erb's palsy lawsuit palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove error that caused the brachial plexus injury to your child that could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery, each side will gather evidence to prove its case.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is more cost-effective for all parties involved. If however, your attorney believes they will win in court, they might choose to take the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict you receive is not favorable, you can appeal. Although this process may take more time however, it could also increase the amount of the compensation you receive.