Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers for both plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can shorten the legal process significantly and save your family from having a jury or judge decide the case. If your family is not able to come to a deal the family will have to go to court. This could take a long time but it could also result in a higher award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families receive a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle without court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial gets underway.

If you fail to reach an agreement, Erb's Palsy lawsuits the case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person or you can present their testimony through video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaint in the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. A significant number of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer has identified the injuries of your child and the child's injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal argument because it helps you build your arguments. It can take up to one year to reach a settlement.

Settlement

If your erb's palsy lawsuits palsy suit is successful, your lawyer may be able to obtain compensation that covers medical costs and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records and witness statements as well as expert testimony. After your lawyer has collected the evidence, they'll make a claim against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a set amount of time to reply to the suit, and during this discovery phase both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial as it is cost-effective for everyone involved. If your lawyer is confident that they will prevail in court, they might decide to take the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and raise awareness in order to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. This procedure could take longer, but it will increase the amount you are awarded.