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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of litigation can be complicated and requires an experienced lawyer.

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

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many of the Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from facing the jury or judge. If your family members are unable to reach an agreement on a settlement the family will have to go to court. This can also take a long time, however, it could result in a higher amount.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head or shoulders or on the arms can result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families obtain an affordable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured during the womb by medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement can help you pay for their treatment. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement before the trial begins.

If you are unable to settle your dispute, your case will proceed to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can witness your witnesses attend the hearing or give statements through video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement to be present at the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them as witnesses in the future.

Complaint in Court

Many children who suffer from Erb's syndrome can overcome physical limitations through intense physical therapy every day. Some may require surgery to fix torn or separated nerve fibers. A large number of children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To determine the value 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 help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether or not the doctor who treated your child had a previous history of malpractice cases.

If your lawyer has a clear understanding of the injuries of your child then she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of the legal process as it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to get compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injuries to your child and may include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will be given a set amount of time in which to respond to the lawsuit. during this discovery phase each side will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial as it is cost-effective for everyone involved. If however, your attorney believes that they can win at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice, thenoblesse.com and also help to raise awareness and prevent these types of injuries from happening again in the future. If your verdict is not favorable you can appeal. Although this process may take more time, it can also increase the amount of compensation you receive.