Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit can award your family compensation for child's medical expenses and future treatment. Learn more about the erb's palsy lawyer palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This can significantly speed up the legal process and prevent your family from having to face jurors or judges. If your family is unable to reach a settlement you will have to go to trial. This can also take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.

Arbitration or Mediation

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's settlement can help to pay for the treatment. This could include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital's attorneys are likely to attempt to reach an agreement prior to the trial gets underway.

If you cannot reach an agreement, your case will be taken to arbitration. This means that a neutral third party will take in both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence in the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person or you can provide their statements via video conference. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. In addition, you must have your witnesses' addresses and telephone numbers on file in case they are called to testify in the future.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations by regular physical therapy. Some children may require surgery to repair torn nerve fibers. However, a large percentage of children do not recover to a significant degree and must live with the handicapping effects of this birth injury for the rest of their 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 fair compensation.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under 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 involved in the birth of your child had a history of similar malpractice cases.

Once your lawyer understands the child's injuries she will file a lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence including expert opinions, depositions and medical documents and more. This is an essential aspect of your legal case because it allows you to develop your case. Settlements can last up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove mistake that led to your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a certain period of time to respond. In the discovery phase each side will gather evidence to prove its case.

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 lawyer is confident that they will prevail in the case at trial, they might decide to take it to the jury. A successful verdict can provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable you may appeal. While this process can take longer, it can also increase the amount of the compensation you receive.