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Erb's Palsy Litigation

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

If you win your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily be millions 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 satisfactory to both parties. This can shorten the legal process considerably and spare your family from having a jury or judge decide the case. If, however, Erb's palsy lawsuits your family members cannot reach an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial complex is a collection of nerves that control movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. This condition is usually preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to spread awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families receive an appropriate settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.

If you are unable to reach an agreement, your case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person or you can submit their statements via video conference. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep the numbers of your witnesses and addresses on file in case you need to contact them as a future witness.

Complaints in Court

Many children suffering from Erb's syndrome can overcome physical limitations through daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant number of children will not recover in any way and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and also determine whether or not the doctor who delivered your child had a previous record of malpractice cases.

When your lawyer is aware of the injuries of your child she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process since it allows both sides to construct their arguments. It can take as long as an entire year before you can arrive at a settlement.

Settlement

If your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that provided your child with. The defendants are then given a certain time frame to respond. In the discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled outside of court, rather than going to trial as it's more cost-effective for all parties involved. If your lawyer is confident that they'll win the case in court they may decide to try to get an appeal to a jury verdict. A successful verdict could provide families with a sense of justice and help spread awareness about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. This could take a bit longer, erb's palsy lawsuits but can increase the amount you get.