Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family members find closure. However, the process of litigation is complex and requires skilled legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This could speed up the legal process by a significant amount and prevent your family from having a jury or judge decide the case. If your family members are unable to agree on a settlement you will have to go to trial. This can take a lot of time, however it can also result in a bigger settlement.

The brachial plexus is a set of nerves that control movement within the arm. A forceful pull on the head, neck, arms or shoulders during labor erb's palsy and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing Erb's palsy. This condition is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families secure a fair financial settlement that helped their child's future.

Mediation or Arbitration

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

Many lawsuits settle outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you're not able to come to a deal, your case will proceed to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to have your witnesses attend the hearing or give statements through video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. Keep the numbers of your witnesses and addresses in the file in case you need to call them as a future witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A large number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether or not the doctor who delivered your child's diagnosis had a prior record of malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case because it allows you to develop your arguments. It can take up to one year to reach a settlement.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records, Erb's palsy witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they'll make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a specified period of time to respond. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cost-effective for everyone involved. However, if your attorney believes they will win in court, they might decide to take the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this process can take longer but it also increases the amount of the amount you are awarded.