Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family find closure. The litigation process can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process, and also prevent your family from facing the jury or judge. If your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, but can also result in a bigger award.

The brachial area is a group of nerves which control movement within the arm. A forceful pull on the neck, head, arms, or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past, these lawsuits helped families secure a fair financial settlement to support their child's future.

Mediation or Arbitration

If your child sustained 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 their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely try to reach a settlement prior to when the trial begins.

If you are unable to settle your dispute your case will be sent to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can present at the hearing in person or you can provide their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Additionally, you must have your witnesses' addresses and phone numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from erb's palsy lawyer palsy can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair torn nerve fibers. However, a large percentage of children will not recover to any measurable degree and must live with the limitations of this birth injury for life. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition to produce the lifetime cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's care had a record of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child then she will make a claim against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of the legal process because it allows both sides to develop their arguments. It can take up an entire year to reach a settlement.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a certain amount of time in which to respond to the lawsuit. during this discovery stage, both sides will gather additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for everyone involved. If your attorney is confident that they can win the case in court, they might decide to go to an appeal to a jury verdict. A successful verdict can give families a sense justice and help educate people about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. This process may take longer, but can increase the amount you get.