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Erb's Palsy Litigation

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

A successful lawsuit can award your family members compensation for your child's medical bills and future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process and save your family from facing jurors or judges. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. It can take a long time, but it can also potentially result in a larger award.

The brachial area is a group of nerves that control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders, or on the arms can result in damage to these nerves and cause Erb's Palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and suffered brachial paralysis, an Erb's Palsy settlement can help you cover the cost of their treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys are likely to attempt to reach an agreement prior to the trial begins.

If you fail to reach an agreement, your case will go to arbitration. This means that a neutral third party will take in both sides and determine who will win the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or submit their testimony via video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' numbers and addresses on file, in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. However, a significant proportion of children don't recover to any measurable degree and must 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 amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to develop a lifetime cost of living estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who performed the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence, erb's Palsy lawsuit including expert opinions, depositions, additional medical records, and more. This is an essential part of your legal proceeding because it gives both sides the chance to present their case. It can take as long as one year to 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 receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that a mistake 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 collected the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a specific amount of time to respond. In the discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial due to the fact that it is cheaper for everyone involved. If your lawyer is confident that they will prevail in the case at trial and decides to pursue it to the jury for a verdict. A successful verdict can provide families with a sense of justice and increase awareness of ways to avoid future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. While this procedure can take more time however, it could also increase the amount of compensation you receive.