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Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for your child's medical bills and any future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from facing the jury or judge. If your family is not able to reach a settlement then you'll need to appear in court. This can take a lot of time, however it can also result in a bigger amount.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and deliverylike when doctors use forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help you pay for his or her treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial starts.

If you're not able to reach a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person or you can submit their statements via video conference. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to be present at the hearing. Keep your witnesses' numbers and addresses on file, in case you have to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a significant proportion of children will not recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor responsible for your child's birth had a history of similar malpractice cases.

Once your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions medical records, and more. This is an important part of your legal defense because it helps you build your case. It can take as long as an entire year before you can negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements as well expert testimony. Once your attorney has gathered the evidence, they'll make a claim against the defendants, who are usually the medical professionals who delivered your child. The defendants are given a specific amount of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court instead of going to trial as it is more cost-effective for everyone involved. However, if your attorney believes they will win in court, they might choose to take the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and raise awareness to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you can appeal. While this process could take more time however, it could also increase the amount of compensation you receive.