Erb's Palsy Litigation

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

A successful lawsuit could award your family members compensation for child's medical bills as well as future treatment. 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 obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend 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 settled out of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to appear before a judge or jury. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. This can also take a long time however, it could result in a larger award.

The brachial complex is a collection of nerves that regulate movement within the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders or on the arms can cause nerve damage, resulting in Erb's Palsy. The injury is often prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Settlement for palsy could help you pay for their treatment. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to seek a settlement prior to when the trial begins.

If you fail to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court case, however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses can present at the hearing in person or you can submit their statements via video conference. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to call them as an upcoming witness.

Complaint in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A significant number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe their child's erb's palsy lawyers paralysis was due to negligence by a medical professional during the birth procedure have the right to seek fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether the doctor who performed surgery on your child's diagnosis had a prior history of malpractice cases.

Once your lawyer understands the injuries suffered by your child and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence like expert opinions, depositions and medical documents, and so on. This is an essential aspect of your legal case because it helps you build your case. It can take up one year to reach a settlement.

Settlement

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

Your lawyer must 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 collected this evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a certain amount of time to reply to the suit, and during the discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial, as it's cost-effective for all parties involved. If your lawyer believes they will win in court, they might decide to take the case to an appeals court verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and help raise awareness in order to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. While this process could take longer but it also increases the amount of compensation you receive.