Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family find closure. The litigation process can be complicated and requires a skilled lawyer.

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

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This can speed up the legal process by a significant amount and save your family from having a judge or jury decide on their case. If your family members are unable to come to a deal the family will have to go to court. This can take a long time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on the arms, can cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits helped families obtain an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during birth due to medical negligence, erb's palsy lawsuit an Erb's Palsy settlement can help pay for his or her treatment. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and the hospital's lawyers will likely try to reach a settlement prior to when the trial starts.

If you're not able to come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence in the hearing.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can either invite your witnesses to attend the hearing or provide their statements via videoconferencing. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. You should also keep your witnesses' numbers and addresses on file in case you need to call them as witnesses in the future.

A complaint to the court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. A large percentage of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with specialists in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine whether the doctor who delivered your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions, medical documents, and so on. This is an essential part of your legal case as it allows you to develop your case. Settlements can last for Erb's Palsy Lawsuit up to one year.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a set amount of time to respond. In the discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict can bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. The process could take longer, but it could increase the amount you receive.