Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to pursue an erb's palsy law firms-related lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded 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 millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can significantly shorten the legal process, and also prevent your family from facing the jury or judge. If your family is not able to reach a settlement the family will have to go to the court. This could take a long amount of time, but it could also result in a bigger amount.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head, arms or shoulders during labor and deliveryfor example, when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past these lawsuits helped families get an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement could help you pay for their care. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial begins.

If you are unable settle your dispute your case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or give statements using video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them as an upcoming witness.

A complaint to the court

Many children who suffer from Erb's syndrome can overcome physical limitations through regular physical therapy. Some will require surgery to repair torn or damaged nerve fibers. However, a significant number of children will not recover in any significant way and must live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth process have the right claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who performed your child's birth had previous malpractice cases.

Once your lawyer has identified the harms your child has suffered then she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceedings because it gives both sides the chance to present their case. It can take up to one year to negotiate a settlement.

Settlement

If your erb's palsy attorneys palsy suit is successful, your lawyer might be able to get compensation for medical expenses and future costs for treatment 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 need evidence to prove that a mistake 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 lawyer has gathered this evidence, they will make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants are given a specific amount of time in which to respond to the lawsuit, and during this process of discovery both sides will collect more evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, since it's cheaper for all parties involved. If your attorney is confident that they will win the case at trial and decides to go to a jury verdict. A successful verdict could give families a sense justice and help educate people about ways to avoid future birth injuries. If your verdict is not favorable you can appeal. Although this process may take more time however, it could also increase the amount of the amount you are awarded.