Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring you and your family closure. The process of litigation is complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before the jury or judge. If your family members cannot reach an agreement, you'll have to go to trial. This can take a lot of time, but could also result in a larger amount.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families get an affordable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement can help you pay for their care. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely attempt to reach a settlement prior to when the trial gets underway.

If you're unable to agree to a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and determine who wins the case. This hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or give testimony via video conferencing. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. In addition, you must have your witnesses' addresses and lawsuits phone numbers on file in the event that they are needed as a witness in the future.

Complaint to the Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair damaged or separated nerve fibers. A large percentage of children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you get copies of your child’s medical records, and also determine whether or not the doctor who treated your child had a previous record of malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process because it gives both sides the chance to construct their arguments. It can take up an entire year to settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation to cover medical costs and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a specific amount of time to respond. During this discovery phase, each side will gather evidence to support its claims.

Most lawsuits settle out of court instead of going to trial, since it's cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial they may decide to go to a jury verdict. A successful verdict could bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable you may appeal. While this process could take more time however, it could also increase the amount of compensation you receive.