Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of litigation is complicated and requires an experienced lawyer.

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

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before a judge or jury. However, if the family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, however it can also result in a bigger amount.

The brachial plexus is a set of nerves that control movement in the arm. Forceful pulling on the head, neck, arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families secure a fair financial settlement and help their child get back on track.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during birth due to medical negligence, an Erb's Palsy settlement can help you to pay for the treatment. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement prior to the trial beginning.

If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to attend the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. In addition, you must keep your witnesses' addresses and phone numbers in case in case they're called to testify in the future.

A complaint to the court

Many children with erb's palsy lawsuits -Pallsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. A significant number of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery process have the right seek fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition to create an annual cost of living estimate. This is used to determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether the doctor who gave you your child's treatment had a previous history of malpractice cases.

When your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, medical records and more. This is a crucial part of your legal case because it allows you to construct your arguments. It can take up to a year to settle a case.

Settlement

If your Erb's Palsy lawsuit is a success the lawyer may be able to get compensation to pay for medical costs 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 require evidence to prove that negligence caused the brachial plexus injury in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, erb's palsy lawsuits they will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a specific amount of time to respond. In the discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for all parties involved. If your attorney is confident that they will win the case at trial and decides to take it to the jury for a verdict. A successful verdict could give families a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it will raise the amount you receive.