Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family get closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family members compensation for child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on your child's specific case and the severity of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This could speed up the legal process by a significant amount and prevent your family from having a jury or judge decide on their case. If your family is unable reach an agreement on a settlement the family will have to go to the court. This can take a considerable amount of time, however it can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms or shoulders during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause erb's palsy law firm palsy. In many cases, this injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured during the womb by medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement can help you pay for their care. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys are likely to attempt to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This hearing is more informal than a court trial, but it is important to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person or you can present their testimony via video conference. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. You must also keep your witnesses' numbers and addresses on file in case you have to contact them as witnesses in the future.

Complaints in Court

Many children who suffer from Erb's palsy can overcome their physical limitations with regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a substantial proportion of children will not recover to any measurable degree and will be forced to live with the effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process have the right seek fair compensation for their child's injuries.

To determine the value of your case the lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and investigate whether the doctor who performed surgery on your child's treatment had a previous record of malpractice cases.

Once your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence, including expert opinions, depositions medical records, and more. This is a vital part of your legal proceeding since it allows both sides to build their arguments. It can take up an entire year before you can settle a case.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused your child's brachial plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a set amount of time to respond to the lawsuit, and during this discovery stage each side will gather more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial because it's cheaper for all parties involved. If your attorney is convinced that they will prevail in the case in court, they might decide to go to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you may appeal. This procedure could take longer, but it could increase the amount you are awarded.