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Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family to find closure. The process of suing can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can receive compensation for medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical expenses and other expenses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process considerably and prevent your family from having a jury or judge decide on their case. However, 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, but it could also result in a larger amount.

The brachial complex is a collection of nerves that regulate movement in the arm. A forceful pull on the neck, head arms, or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause erb's palsy lawsuit palsy. This injury is often preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to spread awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and suffered brachial paralysis, an Erb's settlement for palsy can help pay for their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial begins.

If you're unable to come to a deal your case will be sent to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence to the proceedings.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You may either have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement to be present at the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to call them as a future witness.

Complaint to the Court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to fix torn or damaged nerve fibers. A large percentage of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case, your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether or not the doctor who treated your child's treatment had a previous history of malpractice cases.

When your lawyer is aware of the injuries suffered by your child she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal proceedings because it gives both sides the chance to develop their arguments. Settlements can take as long as one year.

Settlement

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

Your lawyer must gather evidence to prove the mistake that led to your child's brachial plexus injury which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial since it is cost-effective for everyone involved. If however, your attorney is confident that they will prevail at trial, they may decide to take the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it will raise the amount you receive.