Five Things You're Not Sure About About Erb's Palsy Settlement

Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family get closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family can receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to go before a judge or jury. If your family is unable reach a settlement and you are unable to reach a settlement, you must go to the court. This can take a long time but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms, can cause nerve damage, resulting in Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families secure an appropriate financial settlement to help their child get back on track.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys will likely try to reach a settlement before the trial starts.

If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can have witnesses attend the hearing in person, or they can give their testimony through video conference. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Keep your witnesses' phone numbers and addresses in the file in case you have to call them as an upcoming witness.

Complaints in Court

Many children with Erb's Palsy can overcome physical limitations with regular physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth process have the right to seek fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to create the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy attorneys settlement for palsy. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case because it allows you to construct your arguments. It can take up to a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specified amount of time to respond to the lawsuit, and during this discovery stage each side will gather more evidence to support their claims.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for all parties involved. If however, your attorney believes that they can win in court, they might decide to pursue the case all the way to a verdict by a jury. A successful verdict could give families a sense of justice and increase awareness of ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. Although this process may take longer however, it could also increase the amount of compensation you receive.