Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family get closure. The process of litigation is complicated and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for medical bills of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to appear before the jury or judge. However, if your family cannot agree on an agreement, you'll have to go to trial. This can also take a long time, however, it could result in a bigger award.

The brachial plexus is a group of nerves that control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. This injury is often preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to spread awareness about this birth injury that could have been prevented. In the past these lawsuits helped families secure a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This may include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement before the trial starts.

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

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses can present at the hearing in person or they can give their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. However, a large percentage of children do not recover to any measurable degree and will have to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb's palsy was due to negligence by a medical professional during the birth process are entitled 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 produce the lifetime cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records and determine whether or not the doctor who gave you your child had a previous medical malpractice case.

Once your lawyer understands the injuries suffered by your child then she will make a claim against the defendants. Both parties will go through the discovery process that involves exchanging evidence such as expert opinions, depositions, additional medical records, and more. This is a crucial aspect of your legal proceedings because it allows both sides to present their case. It can take as long as one year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the mistake that led to the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply. In this phase of discovery each side will collect evidence to support its claims.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court they may decide to try to get the jury for a verdict. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. While this process can take longer, it can also increase the amount of the compensation you receive.