Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could help you and your family get closure. However, the litigation process is complex and requires expert legal representation.
If you prevail in your lawsuit, your family could receive compensation for the medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.
The Legal Process
Families file
Erb's Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the specific case. It could easily be millions of dollars.
Many
Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to face an attorney or a jury. If, however, your family members cannot reach a settlement you will have to go to trial. This can take a lot of time, but it could also result in a bigger amount.
The brachial nerves control the movement of the arm. A forceful pull on the head, neck, arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement that helped their child's future.
Arbitration or Mediation
If your child was injured during the womb due to medical negligence, and suffered from brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This could include treatment, therapy, assistive devices, and procedures.
Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's attorneys are likely to try to reach a settlement prior to when the trial gets underway.
If you are unable settle your dispute the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.
You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Keep your witnesses' numbers and addresses in the file in case you need to contact them as witnesses in the future.
Complaint to the Court
Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for their child's injuries.
Your lawyer will work with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records and determine whether the doctor who performed surgery on your child had a previous medical malpractice case.
Once your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical records and more. This is an essential part of your legal defense because it allows you to build your case. Settlements can take as long as one year.
Settlement
If your Erb's-Pallsy lawsuit is a success your lawyer could be able obtain compensation to pay for medical expenses, future treatment costs and adaptive devices along with physical therapy. You may also be awarded damages for
Erb's palsy lawsuits 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 documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they will make a claim against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a specified amount of time to reply. In this phase of discovery the parties will gather evidence to back up their claims.
Most lawsuits are settled outside of court, rather than going to trial as it's more cost-effective for everyone involved. If your lawyer is confident that they will prevail in the case at trial and decides to go to a jury verdict. A successful verdict in a birth injury lawsuit 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. The process could take longer, but it can increase the amount you get.