Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring your family and you closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to seek 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 situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can speed up the legal process considerably and prevent your family from having a jury or judge decide the case. If your family is unable come to a deal then you'll need to go to the court. This could take a long time however, it could result in a higher award.

The brachial plexus is a set of nerves that regulate movement in the arm. A forceful pull on the neck, head arms or shoulders during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and was later diagnosed with brachial palsy, an erb's palsy lawsuit Palsy settlement could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely seek an agreement before the trial starts.

If you fail to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You may either have your witnesses attend the hearing or present their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses on file, in case you have to contact them for witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. Many children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to create an annual cost of living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor responsible for your child's birth had a history of similar malpractice cases.

If your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence including expert opinions, depositions medical documents, and so on. This is a crucial part of your legal action because it gives both sides the chance to construct their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond. During this discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, since it's cost-effective for all parties involved. If your attorney is convinced that they'll win the case in court and decides to go to the jury. A successful verdict in an injury lawsuit for Erb's palsy lawsuit birth can provide families with a sense justice and raise awareness to prevent these types of injuries from happening again in the future. However, if the verdict is not in your favor then you may appeal the decision. While this process could take longer, it can also increase the amount of the compensation you receive.