Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. The litigation process can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

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

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to go before an attorney or a jury. 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 it could also result in a larger amount.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling of the neck, head, shoulders or on the arms can damage these nerves, causing erb's palsy attorney Palsy. In many instances, the injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury which could have been avoided. In the past these lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on course.

Arbitration or Mediation

If your child sustained an injury to the brachial area during birth due to medical negligence, an Erb's settlement could help you to pay for the care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial gets underway.

If you're not able to come to a deal your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses may be required to attend the hearing in person, or you can submit their statements through video conference. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. You must also keep your witnesses' phone numbers and addresses on file, in case you have to contact them for a future witness.

Complaints in Court

Many children suffering from Erb's syndrome can overcome physical limitations through regular physical therapy. Some children will need surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition. They will create an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. 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.

If your lawyer has a clear understanding of the injuries of your child, she will start a lawsuit against defendants. Both parties will go through the discovery process which includes exchanging evidence including expert opinions, depositions, medical records and more. This is an important part of your legal argument because it allows you to build your case. It can take as long as a year to arrive at a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. After your lawyer has collected this evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a specified amount of time to respond to the suit, and during this discovery phase both sides will collect additional evidence to prove their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cheaper for all parties involved. However, if your attorney is confident they can win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. While this procedure can take more time however, it could also increase the amount of compensation you receive.