Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for Erb's Palsy lawsuit the medical bills of your child and future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most popular reason families file an erb's palsy lawyers palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can speed up the legal process by a significant amount and keep your family from having a judge or jury decide on their case. However, if the family members are unable to agree on a settlement you will have to go to trial. This can also take a long time but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. Forcing the neck, head arms, or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to the nerves and cause Erb's palsy. This injury is often prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you are unable to agree to a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who will win the case. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to the hearing or submit their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement that they attend the hearing. You must also keep the numbers of your witnesses and addresses in the file in case you have to contact them for witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A significant 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 in the delivery process have the right seek fair compensation for their child's injuries.

To determine the value of your case your lawyer will collaborate with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who gave you your child's care had a medical malpractice case.

Once your lawyer has identified the harms your child has suffered and the child's injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence such as expert opinions, depositions medical records, and more. This is an essential part of your legal case as it helps you build your arguments. It can take as long as one year to arrive at a settlement.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able obtain compensation to pay for medical expenses, future treatment costs and adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specified amount of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to back their claims.

Most lawsuits settle out of court, instead of going to trial because it's more cost-effective for the parties involved. If your attorney is confident that they will win the case in court they may decide to pursue it to the jury for a verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness in order to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. While this process could take more time but it also increases the amount of the amount you are awarded.