Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family find closure. However, the process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family may be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families bring an erb's palsy law firm palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide their case. If, however, your family members cannot reach an agreement, you'll have to go to trial. This could take a long time, however, it could result in a larger award.

The brachial area is a group of nerves that control movement within the arm. The forceful pulling of the head, neck, shoulders or arms during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to Erb's palsy. This condition is usually preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury which could have been avoided. In the past the lawsuits have helped families obtain an affordable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you're unable to reach a settlement the case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. In addition, you must have your witnesses' addresses and Erb's Palsy contact numbers on file in case they are required to appear as witnesses in the future.

Complaint in Court

Many children suffering from Erb's palsy can overcome their physical limitations by regular physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and must live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether the doctor who delivered your child's care had a medical malpractice case.

If your lawyer has a clear understanding of the child's injuries and the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence including expert opinions, depositions, additional medical records and more. This is a vital part of your legal action as it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove mistake that led to the brachial plexus injury to your child, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are given a certain amount of time to reply to the suit, and during this process of discovery each side will gather more evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, since it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they could decide 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 of justice and can help increase awareness and prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. The process could take longer, but it will increase the amount you are awarded.