Erb's Palsy Litigation

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

If you win your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file erb's palsy attorney Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and save your family from having to appear before an attorney or a jury. However, if your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a bigger amount.

The brachial plexus is a set of nerves that regulate movement within the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders or on the arms can damage these nerves, causing Erb's Palsy. The injury is often preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury that could have been prevented. 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 during the womb due to medical negligence and has suffered brachial paralysis, an Erb's Settlement for palsy could help you pay for their care. This can include surgeries, therapy as well as assistive devices and treatment.

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

If you cannot reach an agreement, the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or submit their statements through video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as a future witness.

Complaints in Court

Many children with Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. A significant number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these conditions to develop a 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 help you get copies of your child’s medical records, and look into whether or not the doctor who gave you your child's diagnosis had a prior record of malpractice cases.

When your lawyer has a clear 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 essential aspect of your legal defense because it allows you to build your case. It could take up to a year to arrive at a settlement.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a set period of time to respond to the lawsuit, and during this discovery stage both sides will collect more evidence to support their assertions.

Most lawsuits settle out of court rather than go to trial, since it's cheaper for all parties involved. However, if your attorney believes they will win in court, they could decide to pursue the case to a jury verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness to prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you, you can appeal the decision. The process could take longer, but it could raise the amount you receive.