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Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to recover the cost of medical treatment and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can speed up the legal process by a significant amount and spare your family from having a judge or jury decide the case. However, if the family members are unable to agree on the terms of settlement, you'll need to go to trial. It can take a long time but it could also result in a higher amount.

The brachial complex is a collection of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the neck, head or shoulders, or on arms, could result in damage to these nerves and cause Erb's Palsy. In many cases, this injury is preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise the word about this birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the care. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial starts.

If you fail to reach an agreement, your case will go to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You can either invite your witnesses to attend 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. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they're called as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a substantial proportion of children do not recover to any measurable degree and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to produce the lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of your child's medical records, and also determine whether or not the doctor who performed surgery on your child's diagnosis had a prior medical malpractice case.

If your lawyer has a clear understanding of the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal defense because it allows you to develop your case. Settlements can take as long as one year.

Settlement

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

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered this evidence, they'll make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a certain period of time to respond to the lawsuit, and during the discovery phase each side will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. If your lawyer is confident that they will win the case in court it could be decided to try to get the jury. A successful verdict will bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you, you can appeal the decision. This procedure could take longer, but it could raise the amount you receive.