Erb's Palsy Litigation

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

A successful lawsuit could grant your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason for families to start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could cut down the legal process significantly and prevent your family from having a jury or judge decide their case. However, if the family is unable to reach an agreement, you'll have to go to trial. This could take a long amount of time, but it could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, shoulders or arms during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. This injury is often preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families receive a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child has suffered 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 treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will likely seek a settlement prior to when the trial begins.

If you are unable agree to a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person or you can present their testimony via video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them for an upcoming witness.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. Many children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth process have the right to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you get copies of your child’s medical records, and look into whether the doctor who performed surgery on your child's treatment had a previous history of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case because it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to get compensation for medical costs and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove mistake that led to the brachial plexus injuries to your child that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a specified amount of time in which to respond to the lawsuit. during this discovery phase both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial since it is cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they might choose to take the case all the way to an appeals court verdict. A successful verdict will give families a sense justice and help educate people about ways to avoid future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. While this procedure can take longer but it also can increase the amount of the amount you are awarded.