Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring your family and you closure. The process of suing can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

The most common reason for families to pursue an Bangor erb's palsy lawsuit-related lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded 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 boonville erb's palsy lawyer palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can speed up the legal process by a significant amount and prevent your family from having a judge or jury decide on their case. However, if your family is unable to reach a settlement you will have to go to trial. It can take a long time however, it could result in a bigger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to the nerves and cause Erb's palsy. This condition is usually prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and help their child get back on track.

Mediation or Arbitration

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help you to pay for the treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to the hearing or present their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement that they attend 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 with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether or not the doctor who performed surgery on your child's care had a history of malpractice cases.

Once your lawyer understands the injuries of your child then she will make a claim against the defendants. Both parties will go through the discovery process that involves exchanging evidence like expert opinions, depositions, medical documents and more. This is a vital part of your legal proceeding because it gives both sides the chance to build their arguments. It can take as long as a year to negotiate a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful the lawyer may be able to get compensation to cover medical expenses including future treatment costs, adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove mistake that led to the brachial plexus injury to your child that could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for the parties involved. If your lawyer believes they will win at trial, they may decide to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and raise awareness to prevent these types of injuries from occurring in the future. If your verdict is not favorable you may appeal. The process could take longer, but it could increase the amount you get.