Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family to find closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical expenses and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process and avoid your family from having to face an attorney or a jury. If your family is unable come to a deal, you will need to go to the court. This can take a considerable amount of time, however it can also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders, or on arms, could cause damage to these nerves, leading to Erb's palsy. The injury is often prevented. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families receive an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's palsy settlement can help you pay for their care. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial starts.

If you're not able to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to the hearing or submit their statements via videoconferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must have your witnesses' addresses and contact numbers on file in the event that they are needed as a witness in the future.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. However, a significant number of children don't recover to a significant degree and will have to live with the handicapping effects of this birth injury for life. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery procedure have the right to claim fair compensation for their child's injuries.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had previous malpractice cases.

Once your lawyer understands the harms your child has suffered she will make a claim against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions, medical records and more. This is an essential part of the legal process because it gives both sides the chance to present their case. Settlements can take up to one year.

Settlement

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

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they'll make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during this discovery phase, both sides will gather additional evidence to prove their assertions.

Most lawsuits settle out of court rather than going to trial because it's cheaper for all parties involved. If your attorney is convinced that they'll win the case at trial it could be decided to try to get a jury verdict. A successful verdict could give families a sense justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. This process may take longer, but it could increase the amount you receive.