Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family to find closure. The process of suing can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically reduce the legal process, and also prevent your family from facing an attorney or a jury. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This can also take a long time but it could also result in a higher award.

The brachial complex is a collection of nerves that regulate movement within the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This type of injury is usually preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, treatment, assistive devices, and erb's Palsy Lawsuit surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial gets underway.

If you cannot reach an agreement, the case will go to arbitration. A neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence in the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person or you can present their testimony through video conference. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Also, keep the numbers of your witnesses and addresses on file in case you need to call them as witnesses in the future.

Complaints in Court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a significant number of children don't recover in any significant way and will be left with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will work with specialists in treating this condition. They will create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, Erb's palsy lawsuit which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal defense because it allows you to build your arguments. It could take up to an entire year before you can reach a settlement.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer could be able to secure compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a specific period of time to respond. In this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits settle out of court, instead of going to trial, since it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case in court and decides to take it to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness to prevent these types of injuries from happening again in the future. If your verdict isn't favorable you may appeal. Although this process may take longer however, it could also increase the amount of the compensation you receive.