Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family to find closure. The process of litigation is complex and requires an experienced lawyer.

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

The Legal Process

The most common reason for families to bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. The lawyers representing both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This can speed up the legal process dramatically and save your family from having a jury or judge decide on their case. If your family is unable reach an agreement on a settlement then you'll need to go to the court. This can take a lot of time, but can also result in a bigger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This condition is usually preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of this birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and suffered brachial paralysis, an Erb's Settlement for palsy could help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers are likely to seek a settlement before the trial gets underway.

If you're unable to reach a settlement the case will go 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 have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person or they can give their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. Additionally, you should have their addresses and phone numbers on file in case they're called as witnesses in the future.

Complaint in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a large percentage of children don't recover in any way and must live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb's syndrome was due to medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor responsible for Erb's Palsy your child's birth had an history of similar malpractice cases.

Once your lawyer understands the child's injuries then she will file a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence such as expert opinions, depositions, medical documents and more. This is an important part of your legal case because it allows you to develop your case. It could take up to an entire year to arrive at a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer could be able to secure compensation to pay for medical costs, future treatment costs and adaptive devices along with physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injury to your child, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a set period of time to respond. In this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court, rather than going to trial because it's more cost-effective for everyone involved. If your lawyer is confident that they can win the case at trial and decides to go to a jury verdict. A successful verdict in an injury lawsuit for erb's palsy birth can bring families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable, you can appeal. Although this process may take more time but it also increases the amount of compensation you receive.