Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit may award your family compensation for your child's medical expenses and future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the severity 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 representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and prevent your family from facing an attorney or a jury. If your family members are unable to reach a settlement, you will need to go to court. This can take a significant amount of time, but it could also result in a larger amount.

The brachial nerves control the movement of the arm. The forceful pulling of the head, neck, arms or shoulders during labor and deliverylike when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness about the birth injury that could have been prevented. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on course.

Mediation or attorneys Arbitration

If your child sustained an injury to the brachial plexus during birth due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This could include therapy, surgery aidive devices, attorneys and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court might overturn a decision made by jurors. Your lawyer and the hospital's attorneys are likely to try to reach an agreement before the trial begins.

If you're unable to reach a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

It is also necessary 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 they can give their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. Additionally, you should have your witnesses' addresses and phone numbers on file in case they're called as witnesses in the future.

Complaint in Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

Once your lawyer has identified the injuries of your child then she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal proceeding as it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer might be able obtain compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must collect evidence to prove the mistake that led to the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, as it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case in court and decides to take it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could 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 isn't favorable you can appeal. While this procedure can take longer but it also can increase the amount of the compensation you receive.