Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can bring your family and you closure. The litigation process can be complex and requires an experienced lawyer.

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

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from facing jurors or judges. If your family members are unable to reach a settlement and you are unable to reach a settlement, you must go to the court. This can take a lot of time, but it could also result in a larger amount.

The brachial area is a group of nerves that regulate movement within the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders, or on the arms, can damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families secure an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child sustained a brachial plexus injury during the womb as a result of medical negligence, an Erb's palsy settlement can help you to pay for the care. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will most likely try to come to an agreement prior to the trial beginning.

If you are unable to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, Erb's palsy lawsuit but it is important to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can either invite your witnesses to the hearing or present their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and phone numbers in case in case they are called to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a significant number of children do not recover in any way and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's erb's palsy lawyers paralysis was the result of negligence in the delivery process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This helps determine how much 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 determine whether or not the doctor who performed surgery on your child's care had a history of malpractice cases.

Once your lawyer understands the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and Erb's palsy lawsuit depositions. Additional medical records are also included. This is an important part of your legal argument because it allows you to construct your arguments. It could take up to a year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. These are usually the medical professionals that delivered your child. The defendants are given a certain amount of time in which to respond to the suit, and during this process of discovery each side will gather additional evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, as it's cheaper for all parties involved. If your lawyer is confident they can win in court, they could choose to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and raise awareness and prevent these types of injuries from occurring in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it can increase the amount you receive.