Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family members find closure. However, the process of litigation is complicated and requires experienced legal representation.

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

The Legal Process

The most frequent reason families file an erb's palsy lawyer palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can drastically cut down on the legal process and avoid your family from having to go before jurors or judges. If, however, your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, but could also result in a larger amount.

The brachial plexus is a set of nerves that control movement in the arm. Forcing the neck, head shoulders or arms during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This injury is often avoidable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits helped families secure an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child sustained a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help pay for their treatment. This may include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits settle without court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably try to reach an agreement before the trial begins.

If you are unable to come to a deal your case will be sent to arbitration. This means that 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 important to present witnesses and evidence for the hearing.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person or you can present their testimony via video conference. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and phone numbers on file in the event that they are needed as a witness in the future.

A complaint to the court

Many children who suffer from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. A large number of children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe their child's erb's palsy attorneys palsy was the result of negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and also determine whether or not the doctor who gave you your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal action because it allows both sides to present their case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove error that caused the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court rather than go to trial, as it's cost-effective for all parties involved. However, if your attorney believes they will win in court, they might choose to take the case all the way to the verdict of a jury. A successful verdict could give families a sense justice and increase awareness of how to avoid any future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. This process may take longer, but it will increase the amount you receive.