Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

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

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from having to appear before an attorney or a jury. However, if the family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, shoulders or arms during labor and deliverylike when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. This injury is often preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during pregnancy due to medical negligence, an erb's palsy lawyer palsy settlement can help you to pay for the treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to attempt to negotiate an agreement before the trial gets underway.

If you are unable to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence in the proceedings.

You also need 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 attend the hearing or give testimony via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior Erb's palsy to the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as an upcoming witness.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations with daily physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage 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 palsy was due to medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had a history of similar malpractice cases.

If your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal action since it allows both sides to construct their arguments. It can take up to an entire year to reach a settlement.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants will be given a set amount of time to reply to the suit, and during the discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court rather than go to trial because it's more cost-effective for the parties involved. If your attorney is convinced that they'll win the case in court, they might decide to try to get the jury. A successful verdict can bring families a sense that justice has been done and raise awareness about how to prevent future birth injuries. If the verdict you receive is not favorable, Erb's palsy you can appeal. This procedure could take longer, but can increase the amount you are awarded.