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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

If you win your lawsuit, your family could receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon 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 resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and save your family from having to appear before an attorney or a jury. If, however, your family cannot agree on an agreement, you'll have to go to trial. This can also take a long time but it can also potentially result in a bigger award.

The brachial area is a group of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders or on the arms can damage these nerves, causing Erb's Palsy. In many instances, the injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness of this birth injury which could have been avoided. In the past, these lawsuits helped families get a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help you to pay for the care. This could include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial gets underway.

If you are unable to reach a settlement the case will be taken to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Keep your witnesses' phone numbers and addresses on file, in case you have to call them as an upcoming witness.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with intense physical therapy every day. Some will require surgery to fix torn or separated nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will be forced to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

To determine the value of your case Your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had previous malpractice cases.

Once your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings as it allows both sides to present their case. Settlements can take up to one year.

Settlement

If your lawsuit against Erb's Palsy is successful the lawyer may be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices along with physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove error that caused the brachial plexus injury to your child and may include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants will be given a specified amount of time in which to respond to the suit, and during the discovery phase, both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court instead of going to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they can win the case in court it could be decided to go to an appeal to a jury verdict. A successful verdict will give families a sense justice and increase awareness of how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. Although this process may take longer but it also can increase the amount of compensation you receive.