Erb's Palsy Litigation

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

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

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to obtain 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, however, it can easily rise to the thousands of dollars.

Many of the Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to appear before an attorney or a jury. If, however, your family members cannot reach a settlement you will have to go to trial. This can take a significant amount of time, but could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. In many instances, the injury is preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you pay for their care. This may include therapy, treatment as well as assistive devices and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement prior to when the trial starts.

If you are not able to reach an agreement, the case will go to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. You may either invite your witnesses to the hearing or submit their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement to be present at the hearing. Additionally, you should have their addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaint in the Court

Many children who suffer from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large number of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their Erb's palsy in their child was due to medical negligence during the birth process have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This is used to determine how much you're entitled to from the erb's palsy lawyers palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had prior experience with similar malpractice cases.

If your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence like expert opinions, depositions medical documents, and so on. This is an essential part of your legal proceedings because it gives both sides the chance to develop their arguments. Settlements can last for up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove malpractice that caused your child's brachial plexus injury and may include medical documents, witness statements, and expert testimony. Once your attorney has gathered the evidence, they will start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific time frame to respond. In this phase of discovery, each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial because it's more cost-effective for all parties involved. However, if your attorney believes they will win in court, they might decide to take the case to the verdict of a jury. A successful verdict could give families a sense of justice and help educate people about ways to avoid future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it could increase the amount you receive.