Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of litigation can be complex and requires an experienced lawyer.

If you win your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could cut down the legal process considerably and prevent your family from having a jury or judge decide the case. If your family members are unable to agree on a settlement, you will need to appear in the court. This can take a significant amount of time, Erb's palsy lawsuit but it could also result in a bigger amount.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and deliveryfor example, when doctors use forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This may include therapy, treatment, assistive devices, and operations.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial starts.

If you're unable to agree to a settlement your case will be sent to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can submit their statements through video conference. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them as witnesses in the future.

Complaint in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe that their child's Erb's syndrome was due to medical negligence during the delivery process have the right to claim 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 are entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and also determine whether the doctor who gave you your child's diagnosis had a prior history of malpractice cases.

When your lawyer is aware of the harms your child has suffered then she will bring a lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is an essential part of the legal process because it gives both sides the chance to present their case. It can take up to an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation for medical costs and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury, which could include medical documents, Erb's Palsy Lawsuit witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a certain period of time to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled out of court, rather than going to trial because it is cheaper for all parties involved. If however, your attorney believes that they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict can give families a sense of justice and help educate people about how to prevent future birth injuries. If your verdict is not in your favor then you may appeal the decision. While this process could take more time but it also can increase the amount of the amount you are awarded.