Erb's Palsy Litigation

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

A successful lawsuit could grant your family members compensation for child's medical bills as well as future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to obtain 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 could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to go before the jury or judge. If your family is not able to agree on a settlement and you are unable to reach a settlement, you must go to court. It can take a long time but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and deliveryfor example, when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This injury is often preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help pay for their care. This could include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital attorneys will most likely try to come to an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who wins the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can have witnesses present at the hearing in person or they can give their testimony via video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' phone numbers and addresses on file in case you have to contact them for an upcoming witness.

A complaint to the court

Many children suffering from erb's palsy law firms palsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair torn nerve fibers. However, a large percentage of children will not recover to a significant degree and will be left with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case as it helps you build your arguments. It could take up to one year to arrive at a settlement.

Settlement

When your erb's palsy lawyers palsy lawsuit is successful, your lawyer could be able to get compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a specific period of time to respond. In this discovery phase the parties will gather evidence to support its claims.

Most lawsuits settle out of court, rather than go to trial, since it's more cost-effective for the parties involved. If however, your attorney believes that they can win at trial, they may choose to take the case to a verdict by a jury. A successful verdict can provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If the verdict isn't favorable, you can appeal. This process may take longer, but it could increase the amount you receive.