Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family to find closure. The process of suing can be complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

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

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This could speed up the legal process dramatically and prevent your family from having a jury or judge decide the case. If your family members are unable to agree on a settlement you will have to go to trial. This can take a significant amount of time, however it can also result in a bigger amount.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head or shoulders, or on the arms, can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread the word about this birth injury which could have been prevented. In the past these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on course.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during pregnancy due to medical negligence, an erb's palsy attorney settlement could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial gets underway.

If you're not able to come to a deal the case will be taken to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements via videoconferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Keep your witnesses' numbers and addresses in the file in case you have to contact them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. However, a large percentage of children don't recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the delivery process have the right claim fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had a history of similar malpractice cases.

Once your lawyer understands the harms your child has suffered and the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery process which involves exchanging evidence including expert opinions, depositions, medical records, and more. This is a crucial part of your legal proceedings because it gives both sides the chance to develop their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove the malpractice that caused your child's brachial-plexus injury, which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will be given a specific amount of time to reply to the lawsuit. during this process of discovery, both sides will gather additional evidence to back their claims.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for all parties involved. If your attorney is convinced that they can win the case at trial they may decide to try to get a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and help raise awareness to prevent these types of injuries from occurring in the future. However, if your verdict is not in your favor it is possible to appeal the decision. While this process can take longer but it also increases the amount of compensation you receive.