Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family to find closure. The process of litigation is complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Learn more about the erb's palsy lawyers palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to get 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 amount to 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 drastically reduce the legal process, and also prevent your family from having to appear before a judge or jury. If your family is not able to come to a deal the family will have to appear in court. This can take a considerable amount of time, but could also result in a larger settlement.

The brachial area is a group of nerves which control movement within the arm. Forcing the neck, head, arms, or shoulders during labor and delivery -for example, when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to erb's palsy lawyer palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial starts.

If you cannot reach an agreement, the case will be sent to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You should also 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 through video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. You must also keep the numbers of your witnesses and addresses on file, in case you need to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. A large percentage 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's palsy was the result of medical negligence during the delivery process are entitled to claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records and determine whether or not the doctor who delivered your child had a previous record of malpractice cases.

Once your lawyer has identified the injuries of your child she will start a lawsuit against defendants. Both parties will be involved in the discovery phase which involves exchanging evidence including expert opinions, depositions and medical documents, and so on. This is an essential aspect of your legal case as it allows you to build your case. It could take up to one year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a specific amount of time to reply. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. If your attorney is convinced that they can win the case at trial they may decide to take it to the jury. A successful verdict can provide families with a sense of justice and increase awareness of ways to avoid future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. While this process can take longer however, it could also increase the amount of the amount you are awarded.