Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring your family and you closure. However, the litigation process is complex and requires skilled legal representation.

If you win your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Learn 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 is contingent upon your child's specific case and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This could speed up the legal process considerably and keep your family from having a jury or judge decide the case. However, if your family members are unable to agree on the terms of settlement, you'll need to go to trial. This could take a long amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. This condition is usually prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families secure an equitable financial settlement to support their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an erb's palsy law firm Palsy settlement can help you to pay for the treatment. This could include therapy, treatment, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will probably try to reach an agreement prior Erb's palsy lawsuit to the trial beginning.

If you cannot reach an agreement, your case will be referred to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court case, however it is vital to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You may either invite your witnesses to attend the hearing or present their testimony via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. You must also keep your witnesses' numbers and addresses on file, in case you need to call them as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. A large number of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This is used to determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether or not the doctor who treated your child's treatment had a previous experience of malpractice.

Once your lawyer has identified the child's injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal defense because it allows you to develop your case. It could take up to an entire year before you can reach a settlement.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are given a specific period of time to respond to the suit, and during the discovery phase each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial, since it's more cost-effective for the parties involved. If your lawyer believes they will win at trial, they may choose to take the case to an appeals court verdict. A successful verdict can provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict isn't favorable you can appeal. While this procedure can take more time but it also can increase the amount of compensation you receive.