Erb's Palsy Litigation

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

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

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular case of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many of the lawsuits involving Erb's Psy settle out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to appear before an attorney or a jury. If your family members cannot reach an agreement, you'll have to go to trial. This can take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders, or on arms, could cause nerve damage, resulting in Erb's Palsy. In many instances, the injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness about the birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help pay for his or her care. This could include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's lawyers will likely seek a settlement prior to when the trial gets underway.

If you're not able to come to a deal the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the lawsuit. This hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can attend the hearing in person, or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Additionally, you should have their addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaint in Court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. However, a substantial proportion of children don't recover in any way and must live with the limitations of this birth injury for the rest of their lives. Parents who believe their Erb's palsy in their child was the result of negligence in the delivery procedure have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual cost of living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor responsible for your child's birth had prior experience with similar malpractice cases.

Once your lawyer has identified the injuries of your child she will start a lawsuit against defendants. Both sides will be involved in the discovery phase which involves exchanging evidence such as expert opinions, depositions medical records, and more. This is an important part of your legal case as it allows you to build your case. Settlements can last for up to one year.

Settlement

If your lawsuit against Erb's Palsy is successful the lawyer may be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will be given a specified amount of time to reply to the suit, and during this discovery stage each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial since it is cheaper for all parties involved. If your attorney is convinced that they will win the case in court it could be decided to go to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict isn't favorable you can appeal. The process could take longer, but it can increase the amount you are awarded.