Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the erb's palsy lawyer palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular case of your child and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can significantly speed up the legal process and prevent your family from having to go before the jury or judge. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long amount of time, but could also result in a bigger award.

The brachial complex is a collection of nerves that regulate movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's Palsy. In many cases, this injury is preventable. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial begins.

If you are unable to agree to a settlement the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can choose to have your witnesses attend the hearing or give statements through video conferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in the event that they are needed as a witness in the future.

Complaint to the Court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. A large number of children are not able to recover and will have to live with the effects of this birth injury. 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 determine the value of your case the lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a crucial aspect of your legal action since it allows both sides to build their arguments. It can take as long as an entire year before you can settle a case.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a specific amount of time in which to respond to the lawsuit. during this discovery stage, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cheaper for everyone involved. If however, your attorney is confident they can win at trial, they may decide to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. While this process could take longer but it also can increase the amount of the compensation you receive.