What Is It That Makes Erb's Palsy Settlement So Famous?

Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

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 in a settlement depends on the specific situation of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many cases involving Erb's palsy settle out of court. The lawyers for both plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide on their case. If your family cannot agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, but it could also result in a larger amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury which could have been avoided. In the past these lawsuits helped families obtain an appropriate financial settlement to get their child's life back on course.

Arbitration or Mediation

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

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely try to reach a settlement before the trial gets underway.

If you are unable to reach an agreement, your case will go to arbitration. A neutral third party will hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all of your witnesses are aware they must 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 as a future witness.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children require surgery to repair damaged nerve fibers. A significant number of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase which involves exchanging evidence including expert opinions, depositions, medical documents, and so on. This is an essential aspect of your legal case as it allows you to build your case. It can take as long as an entire year before you can negotiate a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer could be able to secure compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will then be given a specified amount of time in which to respond to the lawsuit, and attorneys during this discovery phase both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it is more cost-effective for everyone involved. If your lawyer is confident that they can win the case at trial they may decide to go to an appeal to a jury verdict. A successful verdict can provide families with a sense of justice and help educate people about ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. This process may take longer, but can raise the amount you receive.