Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can bring your family and you closure. The process of suing can be complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for your child's medical bills and any future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on your child's specific case and the severity of their injuries but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can speed up the legal process significantly and save your family from having a judge or jury decide on their 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 it could also result in a bigger amount.

The brachial plexus is a group of nerves which control movement in the arm. The forceful pulling of the neck, head shoulders or arms during labor and birthfor example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness about the birth injury which could have been prevented. 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 because of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement before the trial gets underway.

If you are unable agree to a settlement your case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, but it's crucial to present physical evidence and witnesses for the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to the hearing or submit their statements using video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in case they are called to testify in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a substantial proportion of children don't recover in any significant way and will be left with the handicaps of this birth injury for life. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery process have the right seek fair compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with doctors who are experts in treating these ailments to create a cost-of-living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. 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's care had a record of malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child, 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 an essential aspect of your legal argument because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

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

Your lawyer will need to gather evidence to prove negligence that caused your child's brachial-plexus injury that could include medical documents, witness statements and expert testimony. After your lawyer has collected this evidence, they will file the lawsuit against the defendants, lawsuit which are usually the medical professionals who gave your child. The defendants will be given a specific amount of time in which to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than go to trial, because it's cheaper for all parties involved. If your lawyer is confident that they'll win the case at trial it could be decided to go to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and help raise awareness to prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable, you can appeal. This procedure could take longer, but it will raise the amount you receive.