Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family find closure. The process of litigation is complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb’s palsy litigation process.

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 will depend on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of 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 by a significant amount and spare your family from having a judge or jury decide on their case. If your family is unable to reach a settlement the family will have to go to the court. This can also take a long time, but it could also result in a higher amount.

The brachial plexus is a set of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling on the neck, head or 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 can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence, and suffered from brachial sprains, an Erb's Settlement for palsy could help you cover the cost of their treatment. This may include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you're unable to reach a settlement the case will go to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. In addition, you must have their addresses and telephone numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be forced to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the delivery process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop a lifetime cost of living estimate. This helps determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had previous malpractice cases.

Once your lawyer understands the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of the legal process since it allows both sides to build their arguments. It could take up to an entire year before you can settle a case.

Settlement

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

Your lawyer will need to gather evidence to prove the malpractice that caused your child's brachial-plexus injury and may include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a set period of time to respond to the lawsuit, and during this process of discovery each side will gather additional evidence to support their assertions.

Most lawsuits settle out of court rather than going to trial because it's cost-effective for all parties involved. If your lawyer is confident that they can win the case at trial they may decide to take it to the jury. A successful verdict will provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict is not in your favor, you can appeal the decision. While this process can take more time but it also can increase the amount of the amount you are awarded.