Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family to find closure. However, the litigation process is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's Palsy [Vimeo.Com] lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to face the jury or judge. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a long time however, it could result in a larger award.

The brachial area is a group of nerves that regulate movement in the arm. Forcing the neck, head, arms or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. The injury is often prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families get an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This could include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably try to reach an agreement before the trial gets underway.

If you are unable to settle your dispute the case will go to arbitration. A neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, however it's important to present physical evidence and witnesses for the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony through video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and Erb's palsy contact numbers on file in case they are called as a witness in the future.

Complaint in Court

Many children who suffer from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair torn or separated nerve fibers. However, a substantial proportion of children don't recover in any way and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's palsy was due to negligence by a medical professional during the birth process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had previous malpractice cases.

Once your lawyer has identified the injuries of your child then she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

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

Your lawyer must collect evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase the parties 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 all parties involved. However, if your attorney believes they will win in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. This could take a bit longer, but it will increase the amount you are awarded.