Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family may receive compensation for the medical expenses of your child and future treatment. Learn more about the erb's palsy lawsuit-Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, however, Erb's palsy it can easily rise to the millions of dollars.

Many Erb's Palsy lawsuits settle without court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and save your family from having a jury or judge decide on their case. If your family is not able to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in court. This can take a lot of time, but it could also result in a larger settlement.

The brachial complex is a collection of nerves that regulate movement in the arm. Forcing the neck, head arms or shoulders during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered a brachial plexus injury in the womb due to medical negligence, an Erb's Palsy settlement could help you pay for his or her care. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial starts.

If you are not able to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and determine who wins the case. This hearing is more informal than a court trial, but it is essential 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 choose to witness your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses in the file in case you need to contact them for a future witness.

Complaint in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. However, a significant number of children are not able to recover to a significant degree and must live with the handicaps of this birth injury for the rest of their life. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process are entitled to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and investigate whether the doctor Erb's Palsy responsible for your child's birth had an history of similar malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding as it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

If your lawsuit against Erb's Palsy is successful, your lawyer might be able to get 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 emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a certain amount of time to reply. In this discovery phase each side will gather evidence to support its claims.

Most lawsuits settle out of court instead of going to trial, because it's cheaper for all parties involved. However, if your attorney believes that they can win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. If the verdict isn't favorable you can appeal. Although this process may take more time but it also can increase the amount of the compensation you receive.