Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family get closure. The process of litigation can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for your child's medical bills as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before a judge or jury. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a long time but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. When you are pregnant, excessive forceful pulling of the head, neck or shoulders, or on the arms, can cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that 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 affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help you pay for their care. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will most likely try to reach an agreement prior to the trial beginning.

If you are unable to come to a deal your case will be sent to arbitration. This means that an impartial 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 provide witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or you can provide their statements via video conference. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you need to call them as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a significant proportion of children do not recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the value of your case Your lawyer will work with doctors who are experts in treating these conditions to create a cost-of-living estimate. This helps determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence, including expert opinions, depositions and medical records, and more. This is a crucial part of the legal process because it allows both sides to build their arguments. It can take as long as one year to reach a settlement.

Settlement

When your erb's palsy law firm palsy lawsuit is successful, your lawyer may be able to secure compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will have to collect evidence to prove the mistake that led to your child's brachial plexus injury, which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants will be given a certain amount of time to reply to the lawsuit, and during the discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict will give families a sense justice and help educate people about how to avoid any future birth injuries. If the verdict you receive is not favorable you may appeal. While this procedure can take more time but it also can increase the amount of compensation you receive.