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Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring you and your family 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. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to go before a judge or jury. If, however, your family members cannot reach a settlement you will have to go to trial. This can take a significant amount of time, but could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders, or on the arms could damage these nerves, causing Erb's Palsy. The injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past these lawsuits helped families get an appropriate settlement in order to ensure their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement could help you pay for his or her treatment. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement before the trial begins.

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

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can either invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth process are entitled to claim fair compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child’s medical records, and also determine whether the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

When your lawyer is aware of the child's injuries she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceedings since it allows both sides to build their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer must gather evidence to prove malpractice that caused the brachial plexus injuries to your child and may 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 who gave your child. The defendants will be given a set period of time to respond to the lawsuit, Erb's palsy Lawsuit and during the discovery phase, both sides will gather more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial since it is cost-effective for everyone involved. If your lawyer is confident that they can win the case at trial they may decide to go to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable you may appeal. Although this process may take more time, it can also increase the amount of compensation you receive.