Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family get closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit can 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

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This could speed up the legal process significantly and keep your family from having a jury or judge decide on their case. If your family members are unable to reach a settlement then you'll need to appear in the court. It can take a long time but it can also potentially result in a bigger award.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms could cause nerve damage, resulting in Erb's Palsy. The injury is often preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise the word about this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This may include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle without court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys are likely to attempt to reach a settlement before the trial begins.

If you fail to reach an agreement, the case will be referred 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 have witnesses present and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they are required to appear as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant number of children don't recover to a significant degree and will have to live with the handicapping effects of this birth injury for life. Parents who believe that their erb's palsy lawyers palsy in their child was the result of medical negligence during the birth process have the right to claim fair compensation for their child's injuries.

To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records and determine whether or not the doctor who gave you your child's treatment had a previous medical malpractice case.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical records and more. This is an essential aspect of your legal argument because it allows you to build your case. Settlements can take up to one year.

Settlement

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

Your lawyer must gather evidence to prove malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. In the discovery phase the parties will gather evidence to support its claims.

Most lawsuits settle out of court rather than go to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they'll win the case at trial it could be decided to pursue it to an appeal to a jury verdict. A successful verdict could give families a sense of justice and help educate people about ways to avoid future birth injuries. If, however, your verdict is not in your favor, you can appeal the decision. The process could take longer, but it can increase the amount you are awarded.