Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family to find closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent 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 resolved outside of court. The lawyers of both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This could speed up the legal process by a significant amount and save your family from having a judge or jury decide their case. If your family is unable to come to a deal then you'll need to go to the court. This can also take a long time however, it could result in a larger award.

The brachial plexus is a group of nerves that regulate movement within the arm. A forceful pull on the head, neck, arms or shoulders during labor and birthlike when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. The injury is often preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's settlement could help you to pay for the care. This may include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will probably try to reach an agreement prior 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 decide who is the winner of the case. The hearing may be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements using video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement that they attend the hearing. In addition, you must have their addresses and phone numbers on file in case they're called as a witness in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a substantial proportion of children are not able to recover in any way and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and look into whether or not the doctor who gave you your child's care had a experience of malpractice.

Once your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is an important part of your legal defense because it allows you to build your arguments. Settlements can take up to one year.

Settlement

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

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a set amount of time in which to respond to the suit, and during this process of discovery both sides will collect additional evidence to prove their claims.

Most lawsuits settle out of court, instead of going to trial because it's cost-effective for all parties involved. If your attorney is confident that they'll win the case in court they may decide to take it to the jury. A successful verdict can give families a sense of justice and raise awareness about how to avoid any future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. While this process could take more time however, it could also increase the amount of the amount you are awarded.