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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 members find closure. The process of litigation can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family could be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

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 awarded in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This could cut down the legal process considerably and prevent your family from having a jury or judge decide their case. If your family is not able to come to a deal then you'll need to appear in court. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and delivery -- such as when doctors make use of forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. The injury is often prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle without court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you're not able to come to a deal, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence to the hearing.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you have to call them as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a substantial proportion of children will not recover to a significant degree and must live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these conditions to develop a life-long cost-of-living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who performed your child's birth had previous malpractice cases.

Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence like expert opinions, depositions and medical records, and more. This is an essential part of your legal case as it helps you build your case. It can take up to an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation to cover medical expenses and future costs for treatment including 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 expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals that delivered your child. The defendants will be given a set amount of time in which to respond to the lawsuit, and during the discovery phase both sides will collect more evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it is more cost-effective for everyone involved. If however, your attorney is confident that they will prevail in court, they might choose to take the case to a jury verdict. A successful verdict could bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. While this process could take longer however, it could also increase the amount of the compensation you receive.