Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for your child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded in a settlement will depend on the specific situation of your child and the severity of their injuries but can easily soar into the thousands of dollars.

Many of the Erb's Palsy lawsuits settle without court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate an acceptable settlement to both parties. This could cut down the legal process considerably and keep your family from having a jury or judge decide the case. If your family is not able to come to a deal and you are unable to reach a settlement, you must appear in the court. It can take a long time, however, it could result in a bigger award.

The brachial plexus is a group of nerves which control movement in the arm. Forcing the head, neck, arms or shoulders during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This condition is usually preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families get an affordable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This could include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys are likely to try to reach an agreement prior to the trial begins.

If you cannot reach an agreement, Erb's palsy lawsuits the case will be taken to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. This hearing is more informal than a court trial, but it is important to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You may either invite your witnesses to attend the hearing or provide their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Also, keep the numbers of your witnesses and addresses on file in case you have to contact them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a substantial proportion of children will not recover to a significant degree and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This determines the amount you're entitled to from the erb's palsy law firms palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, Erb's palsy lawsuits and look into whether the doctor who performed surgery on your child had a previous record of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it allows you to construct your arguments. It can take as long as one year to settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation for medical costs and future treatment costs 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 evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a set amount of time to respond. During this discovery phase each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than go to trial, since it's more cost-effective for the parties involved. If your lawyer is confident that they will prevail in court, they could decide to take the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. The process could take longer, but can increase the amount you receive.