Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family to find closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for 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 prevent your family from having a judge or jury decide on their case. If, however, your family members are unable to agree on a settlement you will have to go to trial. This could take a long time however, it could result in a larger award.

The brachial nerves regulate the movement of the arm. When you are pregnant, 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 seek to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past, these lawsuits helped families secure an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an erb's palsy lawyer settlement can help you pay for his or her care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits settle without court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely seek a settlement prior to when the trial starts.

If you're unable to reach a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements through video conference. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas in advance. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you need to call them as a future witness.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. However, a substantial proportion of children do not recover to a significant degree and will be left with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's paralysis was due to negligence by a medical professional during the birth procedure have the right to seek an appropriate amount of compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you're entitled to under your 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 delivered your child had a previous history of malpractice cases.

When your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is a vital part of your legal proceedings because it allows both sides to present their case. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified period of time to respond. During this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your attorney is confident that they can win the case at trial and decides to try to get a jury verdict. A successful verdict could bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. While this process can take longer but it also can increase the amount of the amount you are awarded.