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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit can award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers of both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from facing jurors or judges. If your family members cannot reach a settlement you will have to go to trial. It can take a long time however, it could result in a bigger award.

The brachial complex is a collection of nerves that control movement within the arm. The forceful pulling of the neck, head arms or shoulders during labor and birthfor example, when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families get an affordable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial gets underway.

If you're not able to settle your dispute the case will be taken to arbitration. This means that a neutral third party will hear both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's important to present physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Additionally, you should have your witnesses' addresses and phone numbers in case in case they are required to appear as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. However, a significant proportion of children don't recover in any significant way and will be forced to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether or not the doctor who delivered your child had a previous medical malpractice case.

Once your lawyer understands the injuries of your child she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal action since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the malpractice that caused your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than going to trial because it's cost-effective for all parties involved. If your lawyer is confident they can win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict will bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If your verdict is not favorable you can appeal. While this process could take longer but it also can increase the amount of the amount you are awarded.