Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family get closure. The process of litigation can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family could be awarded compensation for the medical expenses of your child and future treatment. Learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable 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 the case. If your family members cannot reach an agreement, you'll have to go to trial. This can take a long time but it can also potentially result in a bigger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, arms or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families secure 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 Palsy settlement could help you pay for their treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person or you can present their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them for witnesses in the future.

Complaint to the Court

Many children with Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some children will require surgery to repair torn nerve fibers. A large number of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence by a medical professional during the birth process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether the doctor who performed surgery on your child had a previous medical malpractice case.

If your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence like expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case as it allows you to build your arguments. Settlements can take up to one year.

Settlement

If your lawsuit against erb's palsy lawyers Palsy is successful the lawyer may be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer must collect evidence to prove the mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set amount of time to respond. During this discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled outside of court rather than going to trial since it is cheaper for all parties involved. If however, your attorney believes they will win in court, they might decide to take the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and help raise awareness to prevent these types of injuries from happening again in the future. If your verdict is not favorable you may appeal. Although this process may take longer however, it could also increase the amount of the amount you are awarded.