Erb's Palsy Litigation

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

A successful lawsuit could award your family members compensation for child's medical expenses and 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 recover 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 specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can shorten the legal process considerably and spare your family from having a judge or jury decide the case. However, if the family members cannot reach an agreement, you'll have to go to trial. This can take a considerable amount of time, but could also result in a bigger award.

The brachial complex is a collection of nerves which control movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms could cause nerve damage, resulting in Erb's palsy. This type of injury is usually avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and suffered brachial palsy, anErb's settlement for palsy can help pay for their treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to reach a settlement prior to when the trial starts.

If you are unable to reach a settlement your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This type of hearing is more informal than a court case, Erb's palsy lawsuit but it is important to provide witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to attend the hearing or submit their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome physical limitations with regular physical therapy. Some children may require surgery to repair damaged nerve fibers. A significant number of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had previous malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process, which includes exchanging evidence like expert opinions, depositions, medical records and more. This is a crucial part of your legal proceeding as it allows both sides to develop their arguments. It can take up an entire year before you can settle a case.

Settlement

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

Your lawyer will need to gather evidence to prove mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a set time frame to respond. During this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is confident that they will prevail in the case at trial it could be decided to go to the jury for a verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor You can appeal the decision. The process could take longer, but it can increase the amount you receive.