Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers representing both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can speed up the legal process dramatically and spare your family from having a judge or jury decide the case. If your family is unable to reach a settlement the family will have to go to the court. This can take a considerable amount of time, however it can also result in a bigger settlement.

The brachial area is a group of nerves that regulate movement in the arm. The forceful pulling of the head, neck, arms or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child was injured while in the womb due to medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement could help you pay for their treatment. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial starts.

If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person, or you can provide their statements via video conference. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to call them as witnesses in the future.

Complaint in Court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. Many children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth 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. They will create an estimated cost of living for life estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and investigate whether the doctor who treated your child's care had a history of malpractice cases.

Once your lawyer understands the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence like expert opinions, depositions and medical records and more. This is a vital part of your legal action since it allows both sides to present their case. Settlements can last up to one year.

Settlement

If your erb's palsy lawyers Palsy lawsuit is a success your lawyer might be able obtain compensation to pay for medical expenses, future treatment costs and 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 collect evidence to prove the error that caused the brachial plexus injuries to your child that could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals that gave your child. The defendants will then be given a specified amount of time to reply. In the discovery phase each side will gather evidence to back up their claims.

Most lawsuits settle out of court, instead of going to trial, as it's more cost-effective for the parties involved. If your attorney is confident that they will prevail in the case at trial, they might decide to pursue it to an appeal to a jury verdict. A successful verdict in an injury lawsuit for Erb's Palsy lawsuits birth can give families a sense of justice and raise awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you may appeal. This could take a bit longer, but it will increase the amount you are awarded.