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Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family find closure. However, the process of litigation is complicated and requires experienced legal representation.

If you win your lawsuit, your family may be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as 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 is satisfactory to both parties. This can drastically cut down on the legal process and save your family from having to face a judge or jury. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can take a significant amount of time, but can also result in a larger settlement.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders or on the arms can result in damage to these nerves and cause Erb's Palsy. This condition is usually avoidable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about this birth injury that could have been prevented. In the past the lawsuits have helped families secure an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence, and suffered from brachial sprains, an Erb's settlement for palsy can help cover the cost of their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial starts.

If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you have to call them as a future witness.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large percentage of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was due to negligence by a medical professional during the birth process are entitled to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records, and look into whether the doctor who treated your child's treatment had a previous record of malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the 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 an essential aspect of your legal argument because it helps you build your arguments. It can take up to a year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able obtain compensation to pay for medical expenses, future treatment costs and 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 mistake that led to your child's brachial plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a certain period of time to respond. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial, as it's more cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may decide to take the case to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If your verdict is not favorable you may appeal. The process could take longer, but it could increase the amount you receive.