Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family to find closure. However, the litigation process is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered 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 of the Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can speed up the legal process dramatically and prevent your family from having a judge or jury decide their case. If your family is not able to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time, Erb's Palsy lawsuits but it could also result in a larger award.

The brachial nerves control the movement of the arm. When you are pregnant, excessive forceful pulling of the neck, head, or shoulders or on the arms, can result in damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families receive a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an erb's palsy attorney settlement could help you pay for their treatment. This may include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you cannot reach an agreement, your case will be taken to arbitration. This means that a neutral third party will take in both sides and determine who will win the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can have witnesses present at the hearing in person or you can submit their statements through video conference. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file in case you have to contact them for witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A large percentage of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb's syndrome was the result of negligence in the delivery process are entitled to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to produce a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist to obtain 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 medical malpractice case.

Once your lawyer has identified the injuries of your child then 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 documents are also included. This is an essential aspect of your legal defense because it allows you to construct your case. It can take up to an entire year before you can settle a case.

Settlement

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

Your lawyer will need to gather evidence to prove error that caused the brachial plexus injury to your child, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are given a specific amount of time to respond to the suit, and during this process of discovery both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to take the case to an appeals court verdict. A successful verdict could give families a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict is not favorable you can appeal. While this process can take more time, it can also increase the amount of compensation you receive.