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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process dramatically and keep your family from having a jury or judge decide the case. If your family is unable to come to a deal, you will need to go to court. This can take a long time, but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past these lawsuits helped families secure an affordable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement could help you pay for their care. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial starts.

If you are unable come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and determine who wins the case. This hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements through video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. Keep the numbers of your witnesses and addresses on file in case you need to call them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a substantial proportion of children do not recover in any way and will have to 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 syndrome was the result of negligence in the delivery process are entitled to claim fair compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence including expert opinions, depositions, medical documents, and so on. This is a crucial part of your legal case because it helps you build your arguments. It can take as long as one year to reach a settlement.

Settlement

If your lawsuit against Erb's Palsy is successful your lawyer could be able to obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific time frame to respond. In this phase of discovery, each side will gather evidence to support their claims.

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 however, your attorney is confident they can win at trial, they may decide 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 increase awareness of how to prevent future birth injuries. If the verdict isn't favorable you can appeal. Although this process may take more time however, it could also increase the amount of compensation you receive.