Erb's Palsy Litigation

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

A successful lawsuit can award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to obtain the cost of medical treatment and other expenses. The amount of money awarded in a settlement is dependent 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 of the lawsuits involving Erb's Psy have been settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could speed up the legal process considerably and save your family from having a jury or judge decide on their case. However, if your family cannot agree on a settlement you will have to go to trial. This can also take a long time but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head shoulders or arms during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This injury is often prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness of the birth injury that could have been avoided. In the past these lawsuits helped families obtain an equitable financial settlement and get their child's life back on the right track.

Mediation or [Redirect-302] Arbitration

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for their treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's attorneys will likely seek a settlement before the trial gets underway.

If you are unable to settle your dispute the case will go to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can either witness your witnesses attend the hearing or give statements through video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. You must also keep the numbers of your witnesses and addresses in the file in case you have to contact them as witnesses in the future.

Complaint in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intense physical therapy every day. Some children require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Solana Beach Erb's Palsy Law Firm palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer understands the harms your child has suffered, she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceedings because it allows both sides to build their arguments. It could take up to one year to settle a case.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered this evidence, they'll make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants are given a specific period of time to respond to the suit, and during the discovery phase both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court rather than going to trial, since it's cheaper for all parties involved. If your attorney is confident that they'll win the case in court and decides to pursue it to the jury for a verdict. A successful verdict can give families a sense of justice and help educate people about how to avoid any future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. This process may take longer, but it could raise the amount you receive.