Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family find closure. However, the process of litigation is complicated and Erb's Palsy lawsuits requires experienced legal representation.

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

The Legal Process

Families file Erb's-Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries but it could easily reach the millions of dollars.

Many Erb's Palsy lawsuits settle out of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process, and also prevent your family from having to face jurors or judges. If, however, your family members cannot reach an agreement, you'll have to go to trial. This could take a long time, but it could also result in a bigger award.

The brachial complex is a collection of nerves that regulate movement in the arm. Forceful pulling on the head, neck, arms or shoulders during labor and deliverylike when doctors make use of forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread awareness of this birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an erb's palsy lawyers palsy settlement can help to pay for the care. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial begins.

If you're not able to come to a deal the case will be taken to arbitration. This means that a neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or submit their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and phone numbers in case in case they are required to appear to testify in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intense daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant proportion of children do not recover to a significant degree and must live with the handicaps of this birth injury for life. Parents who believe their Erb's palsy in their child was due to medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition to create an estimated cost of living for life estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether or not the doctor who delivered your child's care had a medical malpractice case.

If your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence, including expert opinions, depositions medical documents and more. This is a vital part of your legal action because it gives both sides the chance to present their case. It can take as long as a year to settle a case.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a certain amount of time to reply to the lawsuit. during this discovery stage both sides will gather more evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for the parties involved. If your lawyer is confident that they will win the case in court it could be decided to take it to the jury for a verdict. A successful verdict could give families a sense justice and help educate people about how to prevent future birth injuries. However, Erb's Palsy lawsuits if the verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it will increase the amount you receive.