Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly speed up the legal process and avoid your family from having to appear before a judge or jury. If your family is unable to agree on a settlement the family will have to go to court. This could take a long amount of time, but it could also result in a larger settlement.

The brachial complex is a collection of nerves that control movement within the arm. A forceful pull on the neck, head, arms, or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. The injury is often avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms 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 receive an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured by a brachial plexus injury in the womb due to medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement before the trial starts.

If you cannot reach an agreement, your case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements through video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. In addition, you must keep your witnesses' addresses and contact numbers on file in the event that they are needed as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. However, a significant number of children do not recover in any way and will have to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's erb's palsy attorney paralysis was the result of negligence in the delivery process have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual cost of living estimate. This helps 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 also determine whether the doctor who gave you your child's care had a history of malpractice cases.

Once your lawyer has identified the child's injuries, she will bring a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence, including expert opinions, depositions, additional medical documents and more. This is an important part of your legal argument because it allows you to construct your case. It can take up an entire year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will then be given a set amount of time to reply to the lawsuit. during this discovery stage each side will gather more evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case in court, Erb's palsy lawsuits they might decide to try to get the jury. A successful verdict will give families a sense justice and help educate people about ways to avoid future birth injuries. However, if the verdict is not favorable to you, you can appeal the decision. The process could take longer, but it could increase the amount you get.