Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family members find closure. The process of litigation is complex and requires an experienced lawyer.

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

Families file erb's palsy lawyer Palsy lawsuits to obtain compensation for medical costs and other expenses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many of the Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process by a significant amount and keep your family from having a judge or jury decide their case. If, however, your family is unable to reach the terms of settlement, you'll need to go to trial. It can take a long time, but it could also result in a higher award.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, arms or shoulders during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. The injury is often prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This may include therapy, treatment, assistive devices, and procedures.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement prior to the trial beginning.

If you're not able to reach a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can attend the hearing in person, or you can submit their statements via video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Additionally, you must have their addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. A large percentage of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.

To determine the value of your case the lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had previous malpractice cases.

Once your lawyer understands the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase. This involves exchanging evidence, Erb's Palsy which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceeding because it allows both sides to construct their arguments. It can take as long as one year to arrive at a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specified time frame to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for everyone involved. If however, your attorney is confident they can win in court, they might decide to take the case to a verdict by a jury. A successful verdict could give families a sense of justice and increase awareness of ways to avoid future birth injuries. If your verdict is not favorable you can appeal. This procedure could take longer, but it will increase the amount you receive.