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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family members find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Find out 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 obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can speed up the legal process by a significant amount and save your family from having a jury or judge decide their case. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a long time however, it could result in a bigger award.

The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm the nerves and cause Erb's palsy. This condition is usually prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families receive a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for his or her care. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial starts.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence in the proceedings.

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

Complaints in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant proportion of children are not able to recover in any way and will be left with the effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's paralysis was the result of medical negligence during the delivery process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to create a lifetime cost of living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist to obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child's care had a record of malpractice cases.

If your lawyer has a clear understanding of the child's injuries, she will make a claim against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions, medical records, and more. This is a crucial part of your legal proceedings since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer must gather evidence to prove error that caused the brachial plexus injuries to your child which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a certain amount of time to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial, because it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court, they might decide to go to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and help raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict isn't favorable you can appeal. This process may take longer, but can increase the amount you get.