Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit can award your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly shorten the legal process and avoid your family from having to appear before an attorney or a jury. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. It can take a long time, but it could also result in a higher award.

The brachial area is a group of nerves that regulate movement in the arm. The forceful pulling of the neck, head, shoulders or arms during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you pay for their treatment. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial begins.

If you are unable to settle your dispute the case will go to arbitration. This means that a neutral third party will take in both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

Also, you must 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. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. Additionally, you must have your witnesses' addresses and contact numbers on file in case they're called as witnesses in the future.

A complaint to the court

Many children suffering from erb's palsy lawyer Palsy can overcome their physical limitations by intense physical therapy every day. Some children may require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live with the consequences of this birth injury. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth process have the right to seek fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the injuries suffered by your child she will make a claim against the defendants. Both sides will go through the discovery process which involves exchanging evidence such as expert opinions, depositions, medical records, and more. This is a vital part of your legal action since it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

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

Your lawyer will need to gather evidence to prove the error that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they will start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are given a certain period of time to respond to the suit, and during the discovery phase, both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, since it's more cost-effective for the parties involved. If however, your attorney believes they will win in court, they could decide to pursue the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness to prevent these types of injuries from occurring in the future. If, however, your verdict is not favorable to you, you can appeal the decision. This could take a bit longer, but it can increase the amount you get.