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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other expenses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This can drastically cut down on the legal process, and also prevent your family from having to face an attorney or a jury. If your family is unable agree on a settlement then you'll need to appear in the court. It can take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. Forcing the neck, head shoulders or arms during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This injury is often avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured during the womb by medical negligence, and suffered from brachial palsy, anErb's Palsy settlement can help you pay for their treatment. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to seek an agreement before the trial starts.

If you're unable to come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can witness your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas in advance. In addition, you must have your witnesses' addresses and phone numbers in case in the event that they are needed as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's syndrome can overcome physical limitations through regular physical therapy. Some children may require surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and investigate whether or not the doctor who gave you your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical records and more. This is a vital part of the legal process because it gives both sides the chance to build their arguments. Settlements can last for up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer could be able to secure 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, testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are given a specified amount of time to respond to the suit, and during this discovery phase, both sides will gather additional evidence to back their assertions.

Most lawsuits settle out of court rather than going to trial, as it's cheaper for all parties involved. If your attorney is confident that they will win the case at trial and decides to try to get the jury for a verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable, you can appeal. This process may take longer, but it can increase the amount you receive.