Erb's Palsy Litigation

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

A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Psy lawsuits to recover compensation for medical costs and other expenses. The amount of money awarded in a settlement depends on your child's specific case and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's Palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can drastically cut down on the legal process and avoid your family from having to face jurors or judges. However, if the family is unable to reach a settlement you will have to go to trial. This can take a lot of time, however it can also result in a bigger amount.

The brachial plexus is a group of nerves that control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms can result in damage to these nerves and cause Erb's Palsy. In many cases, this injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement can help you pay for his or her treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, your case will be referred to arbitration. This means that an impartial third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can provide their statements via video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in the event that they are needed as a witness in the future.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some children may require surgery to repair the torn nerve fibers. Many children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from the erb's palsy lawyers palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who performed your child's birth had previous malpractice cases.

If your lawyer has a clear understanding of the injuries of your child then she will start a lawsuit against 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 important part of your legal defense because it allows you to construct your arguments. It can take up an entire year to negotiate a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals who provided your child with. The defendants will be given a certain amount of time in which to respond to the suit, and during the discovery phase both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court, instead of going to trial, because it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case at trial, they might decide to go to the jury for a verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. This could take a bit longer, but it can increase the amount you receive.