Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of litigation is complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before an attorney or a jury. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a long time, but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders, or on arms, could damage these nerves, causing Erb's palsy. The injury is often prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about this birth injury that could have been prevented. In the past, these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on the right track.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's settlement can help you pay for his or her treatment. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial gets underway.

If you are unable come to a deal the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can witness your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' numbers and addresses in the file in case you have to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations with intense physical therapy every day. Some may require surgery to repair torn or damaged nerve fibers. Many children will never recover and have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to create an estimated cost of living for life estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether or not the doctor who performed surgery on your child's treatment had a previous record of malpractice cases.

Once your lawyer understands the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceeding as it allows both sides to present their case. It can take as long as an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove negligence that caused the brachial plexus injuries to your child and may include medical records, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will be given a specific amount of time in which to respond to the suit, and during this discovery stage both sides will collect more evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, since it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial it could be decided to try to get the jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict isn't favorable you can appeal. This process may take longer, but it can increase the amount you are awarded.