Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family find closure. However, the litigation process is complex and requires skilled legal representation.

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

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money awarded is contingent 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 resolved outside of court. The lawyers for both plaintiff and defendant work together to find an agreement that is acceptable to both parties. This could cut down the legal process by a significant amount and prevent your family from having a jury or judge decide their case. If your family is unable to reach a settlement then you'll need to go to the court. This can also take a long time however, it could result in a larger award.

The brachial complex is a collection of nerves that regulate movement within the arm. Forcing the neck, head, shoulders or arms during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This condition is usually avoidable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits helped families secure a fair settlement in order to ensure their child's future.

Arbitration or Mediation

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

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

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

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses can present at the hearing in person or they can give their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. In addition, you must have their addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. However, a substantial proportion of children do not recover in any way and will have to live 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's paralysis was the result of negligence by a medical professional during the birth process have the right to seek fair compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer is aware of the child's injuries and the child's injuries, she will make a claim against the defendants. Both parties will go through the discovery phase that involves exchanging evidence like expert opinions, depositions and medical documents and more. This is a crucial part of your legal action because it gives both sides the chance to present their case. It could take up to an entire year before you can arrive at a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it's more cost-effective for all parties involved. If however, your attorney believes they will win at trial, they may decide to pursue the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable you may appeal. The process could take longer, but it will increase the amount you receive.