Erb's Palsy Litigation

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

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

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and prevent your family from having to appear before an attorney or a jury. If your family is unable to agree on a settlement then you'll need to go to the court. This can take a long time but it can also potentially result in a bigger award.

The brachial plexus is a group of nerves which control movement within the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. This injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child sustained a brachial plexus injury during birth due to medical negligence, an erb's palsy law firm settlement could help you pay for their treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial starts.

If you fail to reach an agreement, the case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements via video conference. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas in advance. You should also keep your witnesses' numbers and addresses in the file in case you have to contact them for an upcoming witness.

Complaint to the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. However, a significant proportion of children are not able to recover to any measurable degree and must live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb's paralysis was due to 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.

Your lawyer will collaborate with specialists in treating this condition to create the lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor involved in your child's birth had a history of similar malpractice cases.

When your lawyer is aware of the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal proceedings because it gives both sides the chance to build their arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation for medical expenses and future treatment costs including adaptive devices and 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 the error that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are given a certain amount of time to reply to the suit, and during this discovery phase each side will gather additional evidence to support their assertions.

Most lawsuits settle out of court rather than go to trial, because it's cost-effective for all parties involved. If your attorney is confident that they can win the case at trial and decides to go to the jury for a verdict. A successful verdict will give families a sense justice and help spread awareness about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. This could take a bit longer, but it can increase the amount you get.