Erb's Palsy Litigation

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

If you win your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded in a settlement will depend on your child's specific case and the severity of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are resolved 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 dramatically and save your family from having a judge or jury decide on their case. If your family is unable reach an agreement on a settlement, you will need to appear in the court. This can take a long time, however, it could result in a higher amount.

The brachial plexus is a group of nerves that regulate movement within the arm. A forceful pull on the head, neck, shoulders or arms during labor and birthfor example, when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. This type of injury is usually preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families get a fair financial settlement and help their child get back on track.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's settlement could help you pay for his or her care. This can include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial starts.

If you're not able to agree to a settlement your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in the event that they are needed as a witness in the future.

Complaint in Court

Many children who suffer from erb's palsy lawsuit Palsy can overcome their physical limitations with intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. A large number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to medical negligence during the delivery procedure have the right to claim fair compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living 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 experience of malpractice.

When your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence including expert opinions, depositions and medical records, and more. This is an essential part of your legal proceeding because it gives both sides the chance to present their case. It can take up one year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to get compensation to cover medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must collect evidence to prove the error that caused the brachial plexus injuries to your child, which could include medical documents, Erb's palsy lawsuits witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants will then be given a specified time frame to respond. In this phase of discovery each side will collect evidence to support its claims.

Most lawsuits are settled out of court instead of going to trial, since it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial it could be decided to take it to the jury for a verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. Although this process may take longer, it can also increase the amount of the compensation you receive.