Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family to find closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit may award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can significantly speed up the legal process, and also prevent your family from having to go before a judge or jury. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but could also result in a larger settlement.

The brachial plexus is a group of nerves which control movement in the arm. A forceful pull on the neck, head arms, or shoulders during labor and delivery- such as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement can help to pay for the care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys are likely to seek a settlement before the trial begins.

If you are unable to agree to a settlement your case will be sent to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial 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. You may either invite your witnesses to attend the hearing or provide their statements via videoconferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to call them as a future witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. However, a significant number of children will not recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's erb's palsy lawyers palsy was due to negligence in the delivery process have the right seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop a lifetime cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions, medical records, and more. This is a crucial part of your legal defense because it allows you to construct your arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a certain time frame to respond. In this discovery phase each side will gather evidence to back up their claims.

Most lawsuits settle out of court rather than go to trial, since it's cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial it could be decided to go to a jury verdict. A successful verdict can give families a sense of justice and help spread awareness about ways to avoid future birth injuries. If your verdict is not in your favor it is possible to appeal the decision. This process may take longer, but it could raise the amount you receive.