Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family find closure. The litigation process can be complex and requires an experienced lawyer.

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

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will come together to negotiate an acceptable settlement to both parties. This can speed up the legal process significantly and keep your family from having a judge or jury decide on their case. If your family is not able to reach a settlement the family will have to appear in court. This can take a long time however, it could result in a higher amount.

The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms or shoulders during labor and deliveryfor example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. This type of injury is usually prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families get an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you are unable settle your dispute the case will be taken to arbitration. This means that a neutral third party will take in both sides and determine who will win the case. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence to the hearing.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can either have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. You should also keep the numbers of your witnesses and addresses on file in case you need to contact them as a future witness.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome physical limitations with intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will be left with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records and determine whether the doctor who treated your child's care had a medical malpractice case.

Once your lawyer understands the harms your child has suffered she will file a lawsuit against the defendants. Both parties will go through the discovery process, which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal proceedings as it allows both sides to build their arguments. It can take up to a year to settle a case.

Settlement

If your lawsuit against erb's palsy law firms Palsy is successful your lawyer could be able to get compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury that could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial because it's cheaper for all parties involved. If your lawyer is confident that they can win the case in court it could be decided to go to an appeal to a jury verdict. A successful verdict could provide families with a sense of justice and help educate people about how to avoid any future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. While this process could take longer, it can also increase the amount of compensation you receive.