Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's-Palsy lawsuits to recover the cost of medical treatment and other losses. The amount of money awarded in a settlement will depend on the particular case of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many cases involving Erb's palsy are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process and prevent your family from having to face a judge or jury. If your family cannot agree on an agreement, you'll have to go to trial. This could take a long amount of time, but could also result in a larger amount.

The brachial complex is a collection of nerves which control movement in the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and birthfor example, gwwa.yodev.net when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread the word about this birth injury which could have been prevented. In the past these lawsuits helped families obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely seek a settlement prior to when the trial begins.

If you're unable to reach a settlement the case will go to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file in case you need to contact them as a future witness.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some may require surgery to repair damaged or damaged nerve fibers. However, a significant number of children will not recover in any significant way and will be left with the limitations of this birth injury for life. Parents who believe their Erb's palsy in their child was due to medical negligence during the delivery process are entitled to seek fair compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor involved in the birth of your child had previous malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal argument because it allows you to construct your case. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able to secure compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove the error that caused your child's brachial-plexus injury, which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a specified amount of time to reply to the suit, and during this discovery phase, both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court instead of going to trial, since it's more cost-effective for all parties involved. However, if your attorney is confident they can win at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit can bring families a sense of justice and raise awareness in order to prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you then you may appeal the decision. While this procedure can take longer however, it could also increase the amount of the amount you are awarded.