Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family members find closure. The process of litigation is complicated and requires an experienced lawyer.

If you win your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

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 in a settlement depends on the particular case of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This could cut down the legal process by a significant amount and spare your family from having a judge or jury decide on their case. If your family members are unable to reach a settlement then you'll need to go to court. This can also take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. Forcing the neck, head arms or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial area during birth due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial begins.

If you are unable to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to attend the hearing or give testimony via video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. In addition, you must keep your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. Many children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe their child's erb's palsy lawyer palsy was the result of negligence in the delivery process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors that specialize in treating this condition to produce an annual cost of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether the doctor who treated your child had a previous medical malpractice case.

If your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is a crucial part of the legal process since it allows both sides to present their case. It can take up an entire year to negotiate a settlement.

Settlement

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

Your lawyer must collect evidence to prove the negligence that caused your child's brachial plexus injury, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that provided your child with. The defendants will then be given a specified amount of time to reply. In this phase of discovery the parties will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, as it's cost-effective for palsy all parties involved. However, if your attorney is confident that they will prevail in court, they could decide to take the case all the way to the verdict of a jury. A successful verdict could bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. While this procedure can take longer but it also increases the amount of the compensation you receive.