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Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family may receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can shorten the legal process significantly and keep your family from having a judge or jury decide on their case. If your family is unable agree on a settlement, you will need to go to court. This could take a long amount of time, but can also result in a bigger award.

The brachial plexus is a set of nerves which control movement in the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms could damage these nerves, causing Erb's palsy. This type of injury is usually prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to raise awareness about this birth injury that could have been prevented. In the past these lawsuits helped families obtain an equitable financial settlement and help their child get back on course.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's Palsy settlement can help you to pay for the treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement prior to the trial beginning.

If you're not able to reach a settlement your case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to present at the hearing in person or you can present their testimony via video conference. Subpoenas must be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them as an upcoming witness.

Complaint in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant proportion of children do not recover in any significant way and will be forced to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe their Erb's palsy in their child was the result of negligence by a medical professional during the birth procedure have the right to seek fair compensation for their child's injuries.

To establish 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 will help you determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records, and also determine whether or not the doctor who performed surgery on your child's care had a history of malpractice cases.

Once your lawyer has identified the child's injuries she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal case as it allows you to develop your arguments. It could take up to 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 that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants are given a specified amount of time to reply to the suit, and during the discovery phase each side will gather more evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for all parties involved. However, if your attorney is confident they can win in court, they could choose to take the case all the way to a jury verdict. A successful verdict will give families a sense justice and raise awareness about ways to avoid future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. While this process could take longer but it also can increase the amount of the compensation you receive.