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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family to find closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process significantly and prevent your family from having a judge or jury decide their case. If your family is not able to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a lot of time, but it could also result in a larger settlement.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This may include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle without court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you are unable to agree to a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence in the hearing.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements through video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you need to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations with intensive daily physical therapy. Some children require surgery to repair damaged nerve fibers. A large number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence by a medical professional during the birth process are entitled to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records and determine whether the doctor who delivered your child had a previous record of malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it helps you build your arguments. It can take up one year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove malpractice that caused the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who provided your child with. The defendants are given a specified amount of time to reply to the suit, and during this discovery phase both sides will collect more evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial because it is cost-effective for everyone involved. If however, your attorney believes that they can win in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict can give families a sense justice and help educate people about how to prevent future birth injuries. If your verdict isn't favorable you may appeal. While this procedure can take more time but it also increases the amount of the compensation you receive.