Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason families file an erb's palsy attorneys palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular case of your child and the severity of their injuries, but it can easily go into the 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 satisfactory to both parties. This can significantly speed up the legal process and save your family from having to go before the jury or judge. If your family members are unable to come to a deal then you'll need to go to court. This can take a considerable amount of time, but can also result in a bigger settlement.

The brachial complex is a collection of nerves which control movement within the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. The injury is often avoidable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families secure a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's palsy settlement can help you to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle without court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial starts.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You may either have your witnesses attend the hearing or give statements through video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in the event that they are needed to testify in the future.

Complaint in Court

Many children who suffer from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a large percentage of children are not able to recover in any significant way and will be forced to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb's palsy was the result of medical negligence during the birth process have the right claim fair compensation for the injuries suffered by their child.

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

When your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence like expert opinions, depositions, medical documents and more. This is a crucial part of your legal proceedings since it allows both sides to present their case. It can take up to a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified time frame to respond. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court, rather than going to trial since it's more cost-effective for everyone involved. If your lawyer is confident that they'll win the case at trial it could be decided to take it to an appeal to a jury verdict. A successful verdict could provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict is not in your favor then you may appeal the decision. Although this process may take longer but it also can increase the amount of the amount you are awarded.