Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for the medical bills of your child as well as future treatment. Find out 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 that is awarded will depend on the severity of your child's injuries and the particular case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly shorten the legal process and prevent your family from having to appear before the jury or judge. If your family members are unable to agree on a settlement you will have to go to trial. This can take a significant amount of time, but it could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves, causing Erb's palsy. This type of injury is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child has suffered an injury to the brachial area in the womb due to medical negligence, an Erb's palsy settlement could help you to pay for the treatment. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you're unable to reach a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can witness your witnesses attend the hearing or present their testimony via video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. Keep your witnesses' phone numbers and addresses on file in case you need to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. Many children will never recover and have to live with the consequences of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process have the right seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had prior experience with 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 go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal defense because it allows you to develop your case. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. In the discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial because it's cheaper for all parties involved. If however, your attorney is confident they can win at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict could bring families a sense that justice has been done and palsy increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable you can appeal. This procedure could take longer, but it can increase the amount you receive.