Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for your child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from facing an attorney or a jury. If your family is unable reach a settlement then you'll need to appear in court. This could take a long amount of time, but it could also result in a bigger award.

The brachial complex is a collection of nerves that control movement in the arm. A forceful pull on the neck, head, arms, or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits helped families secure an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's palsy settlement could help you to pay for the care. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court case, but it is essential to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony via video conference. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You should also keep the numbers of your witnesses and addresses on file in case you have to contact them as an upcoming witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children require surgery to repair torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and must live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's palsy was the result of medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and look into whether or not the doctor who treated your child's diagnosis had a prior experience of malpractice.

Once your lawyer understands the injuries of your child she will start a lawsuit against defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions and medical records and more. This is a crucial part of your legal case because it helps you build your case. It can take up to an entire year to reach a settlement.

Settlement

When your erb's palsy lawyers palsy lawsuit is successful, your lawyer might be able to get compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injuries to your child which could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a specified amount of time to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial, since it's cost-effective for all parties involved. If however, your attorney is confident they can win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and raise awareness to prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor it is possible to appeal the decision. While this process could take more time but it also can increase the amount of the compensation you receive.