Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family members find closure. The process of litigation is complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family will be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover the cost of medical treatment and other losses. The amount of money awarded in a settlement is contingent upon 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 outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and avoid your family from having to face a judge or jury. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, however it can also result in a bigger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. This condition is usually prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's palsy settlement can help you pay for his or her treatment. This could include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys are likely to seek a settlement before the trial starts.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person, or you can submit their statements via video conference. Subpoenas should be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them for a future witness.

Complaints in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to repair damaged or separated 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 their child's Erb's syndrome was the result of negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This determines the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist to 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 history of malpractice cases.

Once your lawyer understands the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal action since it allows both sides to present their case. It can take as long as one year to reach a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical costs 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 require evidence to show that malpractice caused the injury to the brachial area in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a specific period of time to respond. In this phase of discovery each side will collect evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial, because it's more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and raise awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. While this process can take longer but it also can increase the amount of the amount you are awarded.