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Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. The process of suing can be complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek 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 severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could cut down the legal process considerably and save your family from having a jury or judge decide on their case. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time but it could also result in a larger award.

The brachial plexus is a set of nerves that control movement within the arm. Forcing the head, neck, arms or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This injury is often preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families secure an appropriate financial settlement to help their child get back on track.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial starts.

If you are unable to agree to a settlement the case will go 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 however it is vital to present witnesses and physical evidence.

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

Complaints in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. Many children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to produce an annual cost of living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child's medical records, and look into whether the doctor who gave you your child's diagnosis had a prior history of malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions, medical documents, and so on. This is an essential part of your legal argument because it allows you to build your arguments. It can take up to an entire year to arrive at a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is more cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you may appeal. While this procedure can take longer but it also can increase the amount of the amount you are awarded.