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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 is complex 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 process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, but it can easily go into the thousands of dollars.

Many erb's palsy lawyer palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant work together to find an acceptable settlement to both parties. This could speed up the legal process dramatically and keep your family from having a judge or jury decide on their case. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but can also result in a bigger amount.

The brachial plexus is a group of nerves that control movement within the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. This condition is usually preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to raise awareness about this birth injury that could have been prevented. In the past these lawsuits helped families secure an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for their care. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate a settlement before the trial gets underway.

If you are unable to reach an agreement, the case will go to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or submit their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a large percentage of children do not recover in any way and must live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb's syndrome was due to medical negligence during the birth process are entitled to seek fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who performed the birth of your child had an history of similar malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions medical records and more. This is a vital part of your legal action because it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

When your erb's palsy lawsuit (linked internet site) is successful, your lawyer could be able get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury that could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that gave your child. The defendants will then be given a set amount of time to reply to the lawsuit, and during this discovery phase, both sides will gather additional evidence to back their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. If however, your attorney believes that they can win in court, they might decide to pursue the case to the verdict of a jury. A successful verdict will provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable you may appeal. The process could take longer, but it can increase the amount you receive.