Erb's Palsy Litigation

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

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

The Legal Process

The most frequent 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 will depend 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 lawyer palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and spare your family from having a judge or jury decide the case. If your family members are unable to come to a deal, you will need to go to the court. This can also take a long time, but it can also potentially result in a bigger award.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, shoulders or arms during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This condition is usually avoidable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread awareness about the birth injury which could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial plexus during birth due to medical negligence, an Erb's palsy settlement could help you to pay for the care. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and decide who will win the case. This hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person or they can give their testimony through video conference. Subpoenas must be issued in advance to all witnesses so that they are aware the requirement to attend the hearing. Additionally, you should have their addresses and phone numbers on file in the event that they are needed as a witness in the future.

Complaints in Court

Many children who suffer from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case your lawyer will collaborate with specialists in treating these ailments to create a cost-of-living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor responsible for your child's birth had a history of similar malpractice cases.

Once your lawyer understands the injuries of your child and the child's injuries, she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is a vital part of your legal proceedings because it allows both sides to develop their arguments. It can take up to a year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to collect evidence to prove the malpractice that caused your child's brachial-plexus injury and may include medical records, witness statements, Erb's palsy Lawsuit and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than go to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they will prevail in the case at trial, they might decide to pursue it to an appeal to a jury verdict. A successful verdict could give families a sense justice and increase awareness of how to prevent future birth injuries. If your verdict isn't favorable you may appeal. While this process can take longer, it can also increase the amount of the amount you are awarded.