Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family to find closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit may award your family members compensation for child's medical bills as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon your child's specific case and the severity of their injuries but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and prevent your family from having to face jurors or judges. If your family is unable agree on a settlement, you will need to appear in court. This can take a significant amount of time, but it could also result in a larger amount.

The brachial plexus is a group of nerves which control movement within the arm. A forceful pull on the neck, head arms, or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus during birth due to medical negligence, an Erb's settlement can help pay for their treatment. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial starts.

If you are unable settle your dispute the case will go to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. This hearing is more informal than a court trial, however, it is crucial to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. You must also keep the names of witnesses' telephone numbers and addresses in the file in case you have to call them as a future witness.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant number of children will not recover in any way and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb's palsy was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to develop a lifetime cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child had a previous medical malpractice case.

Once your lawyer has identified the child's injuries and the child's injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions medical documents and more. This is a crucial aspect of your legal action as it allows both sides to build their arguments. It can take up an entire year to reach a settlement.

Settlement

When your erb's palsy lawyer palsy lawsuit is successful, your lawyer may be able to obtain 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 will have to gather evidence to prove the mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to respond. In the discovery phase, Erb's each side will gather evidence to support its claims.

Most lawsuits settle out of court instead of going to trial, because it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court it could be decided to try to get the jury for a verdict. A successful verdict could provide families with a sense of justice and help educate people about ways to avoid future birth injuries. If the verdict you receive is not favorable you can appeal. The process could take longer, but it will increase the amount you receive.