Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation can be complex and requires an experienced lawyer.

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

The Legal Process

Families file Erb's Psy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily reach millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. The lawyers for both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can drastically cut down on the legal process, Erb's palsy and also prevent your family from having to appear before the jury or judge. If your family is unable reach a settlement the family will have to go to court. This can also take a long time, but it could also result in a bigger award.

The brachial plexus is a set of nerves which control movement within the arm. A forceful pull on the neck, head, shoulders or arms during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families get an appropriate financial settlement to help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and suffered brachial paralysis, an Erb's Palsy settlement could help you to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial begins.

If you are unable to settle your dispute the case will go to arbitration. This means that a neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can have witnesses attend the hearing in person, or you can provide their statements via video conference. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as an upcoming witness.

Complaints in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. However, a large percentage of children do not recover in any significant way and will be forced to live with the handicaps of this birth injury for life. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition. They will create the lifetime 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 obtain copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer understands the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal action because it allows both sides to present their case. It can take as long as an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals who have delivered your child. The defendants are given a certain amount of time to respond to the suit, and during this process of discovery both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial, because it's cost-effective for all parties involved. However, if your attorney believes they will win at trial, they may decide to take the case to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. If the verdict isn't favorable, you can appeal. This could take a bit longer, but it could raise the amount you receive.