Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

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

Many erb's palsy lawyer palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can significantly speed up the legal process and avoid your family from having to face a judge or jury. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This can take a lot of time, but could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, arms, or Erb's shoulders during labor and deliverysuch as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. The injury is often preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement can help you pay for their care. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you are unable to settle your dispute the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This hearing is more informal than a court case, 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 can invite your witnesses to the hearing or provide their statements via videoconferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. You must also keep the names of witnesses' telephone numbers and Erb's addresses on file in case you need to call them as a future witness.

A complaint to the court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a large percentage of children are not able to recover in any significant way and must live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to create the lifetime cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions, medical documents and more. This is a vital part of your legal proceeding because it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation for medical costs and future treatment costs, 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 must gather evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are then given a specific time frame to respond. In this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. If your attorney is confident that they will win the case in court they may decide to go to the jury for a verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor it is possible to appeal the decision. This process may take longer, but can increase the amount you are awarded.