Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The process of litigation is complicated and requires a skilled lawyer.

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

The Legal Process

The most common reason families file an erb's palsy lawsuit - find out here, is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process significantly and spare your family from having a judge or jury decide their case. If your family is unable to agree on a settlement then you'll need to appear in court. This can take a lot of time, but it could also result in a bigger settlement.

The brachial area is a group of nerves which control movement in the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on arms, could cause damage to these nerves, leading to Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an affordable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help pay for their treatment. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial gets underway.

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conference. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and telephone numbers on file in the event that they are needed as a witness in the future.

Complaints in Court

Many children with 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. A large percentage of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

To determine the worth of your case, your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

Once your lawyer understands the injuries of your child and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions and medical documents and more. This is an essential part of your legal case because it helps you build your arguments. It can take up an entire year before you can arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation for medical costs and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the error that caused the brachial plexus injury to your child, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits settle out of court rather than going to trial, since it's more cost-effective for the parties involved. If your lawyer is confident that they will prevail in the case at trial, they might decide to pursue it to a jury verdict. A successful verdict could bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. This could take a bit longer, but can increase the amount you receive.