Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family members find closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit may award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This could speed up the legal process dramatically and keep your family from having a judge or jury decide their case. If your family is not able to reach a settlement and you are unable to reach a settlement, you must go to the court. This can take a considerable amount of time, but it could also result in a larger amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, shoulders or arms during labor and deliveryfor example, when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to spread awareness about this birth injury which could have been prevented. In the past these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

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

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement prior to the trial beginning.

If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence for the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to attend the hearing or provide their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. Additionally, you must have their addresses and phone numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's palsy was due to negligence in the delivery procedure have the right to claim fair compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor responsible for your child's birth had previous malpractice cases.

Once your lawyer understands the child's injuries then she will bring a lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions medical documents, and so on. This is a crucial aspect of the legal process as it allows both sides to present their case. It can take up one year to negotiate a settlement.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specified period of time to respond. In this phase of discovery each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial due to the fact that it is cost-effective for everyone involved. If however, your attorney is confident that they will prevail in court, they might choose to take the case to the verdict of a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. Although this process may take more time but it also can increase the amount of compensation you receive.