Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families file an little ferry erb's palsy attorney palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This could speed up the legal process considerably and spare your family from having a judge or jury decide their case. If your family is unable reach an agreement on a settlement, you will need to go to court. This could take a long time however, it could result in a higher award.

The brachial complex is a collection of nerves that control movement within the arm. Forcing the neck, head, lawsuit arms, or lawsuit shoulders during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. The injury is often prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms 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 get an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child sustained an injury to the brachial area during birth due to medical negligence, an Erb's settlement could help you pay for their treatment. This may include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to negotiate an agreement before the trial gets underway.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person or you can present their testimony through video conference. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and phone numbers in case in case they're called as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a large percentage of children are not able to recover in any significant way and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition to produce a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and also determine whether the doctor who delivered your child's care had a record of malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceedings because it gives both sides the chance to develop their arguments. It can take as long as an entire year to arrive at a settlement.

Settlement

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

Your lawyer will require 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 expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are given a set amount of time to respond to the lawsuit, and during the discovery phase both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, because it's more cost-effective for the parties involved. If however, your attorney is confident they can win in court, they could decide to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and can help increase awareness and prevent these types of injuries from happening again in the future. If your verdict isn't favorable, you can appeal. The process could take longer, but it can raise the amount you receive.