Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can speed up the legal process dramatically and spare your family from having a judge or jury decide on their case. If, however, your family members cannot reach a settlement you will have to go to trial. This could take a long time but it could also result in a higher amount.

The brachial plexus is a group of nerves which control movement within the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders or on arms, could cause damage to these nerves, leading to Erb's Palsy. This type of injury is usually avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's settlement could help you pay for their care. This could include treatment, therapy, assistive devices, and surgeries.

Many lawsuits settle without court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.

If you cannot reach an agreement, the case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and decide who will win the lawsuit. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to the hearing or submit their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses on file in case you need to contact them as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, a large percentage of children are not able to recover in any significant way and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether or not the doctor who treated your child's treatment had a previous record of malpractice cases.

Once your lawyer has identified the injuries of your child then she will start a lawsuit against defendants. Both parties will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical records, and more. This is a vital part of the legal process since it allows both sides to develop their arguments. It could take up to an entire year to negotiate a settlement.

Settlement

If your erb's palsy attorney-Pallsy lawsuit is a success your lawyer could be able obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants will be given a specific amount of time to respond to the suit, and during this process of discovery both sides will gather additional evidence to back their assertions.

Most lawsuits settle out of court, rather than go to trial, since it's cheaper for all parties involved. If your lawyer is confident that they'll win the case in court, they might decide to take it to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness and prevent these types of injuries from occurring in the future. If your verdict isn't favorable you may appeal. While this process could take more time, it can also increase the amount of the compensation you receive.