Erb's Palsy Litigation

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

A successful lawsuit could grant your family compensation for your child's medical bills and any future treatment. Learn more about the erb's palsy law firm palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and Erb's Palsy Lawsuit other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can drastically cut down on the legal process and save your family from having to face the jury or judge. If, however, your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a long time however, it could result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders, or on the arms can damage these nerves, causing Erb's Palsy. In many instances, the injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread awareness about this birth injury that could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement can help to pay for the treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial starts.

If you are unable reach a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You may either witness your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. You should also keep your witnesses' numbers and addresses on file, in case you have to call them as a future witness.

Complaints in Court

Many children with Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. A significant number 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 the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To determine the value of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether the doctor who gave you your child's care had a history of malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence including expert opinions, depositions and medical documents and more. This is a vital part of your legal proceedings because it gives both sides the chance to build their arguments. It can take as long as a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a set time frame to respond. During this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled out of court rather than going to trial as it's more cost-effective for everyone involved. However, if your attorney believes that they can win at trial, they may choose to take the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict isn't favorable, you can appeal. This procedure could take longer, but it will increase the amount you receive.