Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family find closure. The litigation process can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers for both plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process, Erb's palsy lawsuits and also prevent your family from having to face a judge or jury. If your family cannot agree on an agreement, you'll have to go to trial. This can take a significant amount of time, but could also result in a bigger amount.

The brachial complex is a collection of nerves which control movement within the arm. The forceful pulling of the neck, head arms or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This type of injury is usually avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families secure an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence, and suffered from brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This may include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial begins.

If you're unable to agree to a settlement the case will go to arbitration. This means that a neutral third party will take in both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to attend the hearing or give testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement to be present at the hearing. You should also keep your witnesses' numbers and addresses on file in case you have to call them as an upcoming witness.

Complaint to the Court

Many children suffering from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, Erb's Palsy lawsuits a large percentage of children do not recover in any significant way and must live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe their erb's palsy attorney palsy in their child was due to negligence by a medical professional during the birth process have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help 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.

If your lawyer has a thorough understanding of your child's injuries, she will file your 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 a vital part of the legal process because it gives both sides the chance to develop their arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy lawsuit is successful your lawyer could be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants are given a specified amount of time to reply to the suit, and during this process of discovery, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court rather than going to trial, as it's cheaper for all parties involved. If however, your attorney believes that they can win in court, they could decide to take the case all the way to a jury verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable, you can appeal. While this procedure can take longer however, it could also increase the amount of the compensation you receive.