Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family to find closure. The process of suing can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family could be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded in a settlement will depend on your child's specific case and the severity of their injuries however, it can easily rise to the millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from facing jurors or judges. However, if the family members are unable to agree on the terms of settlement, you'll need to go to trial. It can take a long time, but it can also potentially result in a larger award.

The brachial nerves control the movement of the arm. Forcing the neck, head shoulders or arms during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and Erb's palsy lawsuit cause Erb's palsy. In many cases, this injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial area in the womb due to medical negligence, an Erb's settlement could help you pay for their care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle without court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial begins.

If you are unable agree to a settlement the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements via video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas in advance. Also, keep your witnesses' phone numbers and addresses on file in case you have to contact them for an upcoming witness.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records, and investigate whether the doctor who treated your child's diagnosis had a prior history of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal argument because it helps you build your arguments. It can take up an entire year to negotiate a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical costs, future treatment costs and adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or Erb's Palsy lawsuit loss of quality of living.

Your lawyer will have to gather evidence to prove error that caused the brachial plexus injuries to your child and may include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a certain amount of time to respond. During this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial as it is more cost-effective for everyone involved. If your attorney is convinced that they'll win the case at trial it could be decided to try to get an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. The process could take longer, but it can increase the amount you are awarded.