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Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before the jury or judge. If your family is unable come to a deal and you are unable to reach a settlement, you must appear in the court. This could take a long amount of time, but could also result in a larger settlement.

The brachial complex is a collection of nerves which control movement within the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders or on the arms could cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area during birth due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This could include surgeries, therapy as well as assistive devices and treatment.

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

If you cannot reach an agreement, your case will be sent to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This type of hearing is more informal than a court trial, however, it is crucial to provide witnesses and physical evidence.

Also, you must 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 they can give their testimony via video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Also, keep your witnesses' phone numbers and addresses in the file in case you need to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair torn nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will have to live with the limitations of this birth injury for life. Parents who believe that their child's Erb's paralysis was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether or not the doctor who delivered your child had a previous experience of malpractice.

Once your lawyer understands the injuries suffered by your child then 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 documents are also included. This is a crucial aspect of your legal action since it allows both sides to present their case. It could take up to an entire year to reach a settlement.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your attorney has gathered this evidence, they will bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a specified period of time to respond to the lawsuit, and during this discovery stage, both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court instead of going to trial, because it's cheaper for all parties involved. However, if your attorney believes that they can win in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict can give families a sense justice and help spread awareness about how to avoid any future birth injuries. If your verdict is not favorable, you can appeal. The process could take longer, but can raise the amount you receive.