Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family to find closure. However, the litigation process is complex and requires expert legal representation.

If you are successful in your lawsuit, your family could be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to bring an erb's palsy law firms palsy suit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This could cut down the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a larger amount.

The brachial complex is a collection of nerves that regulate movement in the arm. The forceful pulling of the neck, head, shoulders or Erb's Palsy lawsuits arms during labor and deliverylike 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 seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits allowed families to obtain an affordable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the care. This may include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial begins.

If you are unable to reach an agreement, your case will go to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can either witness your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaint to the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some children require surgery to repair damaged nerve fibers. However, a large percentage of children don't recover in any significant way and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of the child's injuries, she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process as it allows both sides to present their case. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, he will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants are given a specified amount of time in which to respond to the lawsuit. during this process of discovery, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court instead of going to trial, because it's more cost-effective for the parties involved. If your lawyer believes they will win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict could give families a sense of justice and help spread awareness about how to prevent future birth injuries. If your verdict isn't favorable you can appeal. This could take a bit longer, but can increase the amount you are awarded.