Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family to find closure. The process of suing can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon your child's specific case and the severity of their injuries but it could easily reach the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. The lawyers for both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process, and also prevent your family from having to face jurors or judges. If your family is not able to agree on a settlement, you will need to appear in court. This can take a lot of time, but can also result in a larger amount.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help pay for their care. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial gets underway.

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

You will also need copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person or you can present their testimony via video conference. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. Additionally, you should have their addresses and phone numbers on file in the event that they are needed to testify in the future.

Complaint to the Court

Many children suffering from Erb's palsy can overcome their physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe their child's Erb's palsy was due to negligence in the delivery process have the right seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also help you get copies of your child's medical records, and also determine whether or not the doctor who performed surgery on your child's care had a history of malpractice cases.

Once your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal case as it allows you to build your arguments. Settlements can last up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer might be able to obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices and physical therapy. You could also be awarded damages for Erb's Palsy emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This may include medical records and Erb's palsy witness statements as well expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a specific period of time to respond. In this phase of discovery, each side will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial, because it's more cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict can bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. The process could take longer, but it can increase the amount you are awarded.