Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family to find closure. The process of suing can be complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can speed up the legal process significantly and save your family from having a judge or jury decide on their case. If your family members are unable to reach a settlement then you'll need to go to court. This can also take a long time, but it could also result in a higher award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. In many instances, the injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families receive an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court might overturn a decision made by the jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial gets underway.

If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This hearing is more informal than a court case, but it is important to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can have witnesses present at the hearing in person or you can provide their statements via video conference. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. In addition, you must have their addresses and phone numbers in case in case they're called as witnesses in the future.

Complaint in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant number of children do not recover to a significant degree and will have to live with the effects of this birth injury for the rest of their life. 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 work with doctors who are experts in treating this condition to create the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child’s medical records and determine whether or not the doctor who gave you your child's diagnosis had a prior experience of malpractice.

When your lawyer is aware of the injuries suffered by your child then she will bring a lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence like expert opinions, depositions medical documents, and so on. This is an essential part of your legal defense because it allows you to construct your arguments. Settlements can take up to one year.

Settlement

If your lawsuit for erb's palsy law firms palsy is successful, your lawyer might be able to secure compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records as well as witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court rather than go to trial, as it's more cost-effective for the parties involved. However, if your attorney believes they will win in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and raise awareness and prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you then you may appeal the decision. While this process can take more time, it can also increase the amount of compensation you receive.