Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. The process of suing can be complex and requires an experienced lawyer.

If you win your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent 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 is dependent on the specific situation of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process significantly and save your family from having a judge or jury decide on their case. If your family is unable to reach an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a bigger settlement.

The brachial area is a group of nerves that control movement in the arm. A forceful pull on the head, neck, shoulders or arms during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's settlement could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial starts.

If you're not able to reach a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. You may either have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them for a future witness.

Complaints in the Court

Many children suffering from erb's palsy lawyers palsy can overcome their physical limitations with daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large percentage of children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was due to negligence by a medical professional during the birth process have the right to seek fair compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor responsible for your child's birth had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to develop your case. Settlements can last for up to one year.

Settlement

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

Your lawyer will have to gather evidence to prove the error that caused the brachial plexus injury to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. If your attorney is convinced that they can win the case in court it could be decided to try to get the jury for a verdict. A successful verdict could bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If the verdict you receive is not favorable you can appeal. While this process can take more time, it can also increase the amount of the compensation you receive.