Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family members find closure. However, the litigation process is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family members are unable to reach an agreement on a settlement then you'll need to go to court. This could take a long time but it can also potentially result in a bigger award.

The brachial plexus is a set of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms could cause nerve damage, resulting in Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit in order 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 helped families get a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and suffered brachial sprains, an erb's palsy lawyer Palsy settlement could help you pay for their care. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could reverse a verdict given by jurors. Your lawyer and the hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

If you are unable come to a deal the case will be taken to arbitration. This means that an impartial third party will hear both sides and decide who wins the lawsuit. This kind of hearing could be more informal than a trial, however it is crucial to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses can attend the hearing in person or you can present their testimony through video conference. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses on file, in case you have to call them as a future witness.

Complaint to the Court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations with intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and must live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the delivery procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition to develop an estimated cost of living for life estimate. This helps determine how much you're entitled to from 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 gave you your child's treatment had a previous history of malpractice cases.

Once your lawyer has identified the injuries of your child, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal defense because it allows you to build your case. Settlements can last up to one year.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injuries to your child which could include medical documents, witness statements and expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain period of time to respond. In the discovery phase the parties will gather evidence to prove its case.

Most lawsuits settle out of court, rather than go to trial, since it's cheaper for all parties involved. If your lawyer is confident they can win at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If the verdict isn't favorable, you can appeal. While this process could take more time however, it could also increase the amount of the compensation you receive.