Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family to find closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit may award your family members compensation for your child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

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

Many erb's palsy attorneys palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This can speed up the legal process significantly and prevent your family from having a jury or judge decide the case. If, however, your family members cannot reach an agreement, you'll have to go to trial. This can take a lot of time, but it could also result in a larger amount.

The brachial nerves regulate the movement of the arm. Forcing the neck, head arms or shoulders during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial area in the womb due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This may include treatment, Palsy therapy, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's attorneys are likely to seek an agreement prior to the trial begins.

If you are unable reach a settlement the case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

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

Complaint in Court

Many children who suffer from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some children may require surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will be left with the limitations of this birth injury for life. Parents who believe their child's Erb's palsy was the result of medical negligence during the delivery process have the right to claim fair compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to build your case. It can take up a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, Palsy your lawyer might be able to obtain compensation that covers medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records, testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. In this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial since it's more cost-effective for everyone involved. If your attorney is convinced that they can win the case in court they may decide to try to get the jury for a verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable, you can appeal. Although this process may take longer, it can also increase the amount of the amount you are awarded.