Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can help bring you and your family closure. However, the process of litigation is complex and requires expert legal representation.

If you are successful in your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason for families to bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before the jury or judge. If your family members are unable to reach a settlement the family will have to go to court. This can take a significant amount of time, but could also result in a bigger award.

The brachial plexus is a group of nerves that regulate movement within the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and has suffered brachial sprains, an Erb's Palsy settlement can help you pay for their care. This could include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you're not able to reach a settlement the case will be taken to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can invite your witnesses to attend the hearing or present their statements through video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Also, keep your witnesses' numbers and addresses on file in case you need to contact them as a future witness.

Complaint in Court

Many children suffering from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant number of children do not recover to a significant degree and must live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe their child's erb's palsy lawyer paralysis was due to negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.

To determine the worth of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether or not the doctor who gave you your child had a previous history of malpractice cases.

Once your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, medical records, and more. This is an important part of your legal case as it helps you build your arguments. It can take as long as a year to settle a case.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment 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 evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery the parties will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, since it's more cost-effective for the parties involved. If your lawyer is confident they can win at trial, they may choose to take the case all the way to a jury verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. While this procedure can take more time, it can also increase the amount of compensation you receive.