10 Life Lessons We Can Learn From Erb's Palsy Settlement

Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. The litigation process can be complicated and requires a skilled lawyer.

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

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This could cut down the legal process by a significant amount and keep your family from having a judge or jury decide their case. If your family is unable come to a deal and you are unable to reach a settlement, you must go to the court. It can take a long time, but it could also result in a larger award.

The brachial complex is a collection of nerves which control movement within the arm. Forceful pulling on the neck, head arms or shoulders during labor and delivery -for example, when doctors employ forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. This condition is usually prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help you pay for their treatment. This could include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial gets underway.

If you cannot reach an agreement, your case will go to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can either witness your witnesses attend the hearing or present their testimony via video conferencing. 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' numbers and addresses on file, in case you have to call them as witnesses in the future.

Complaints in Court

Many children suffering from erb's palsy law firm Palsy can overcome physical limitations through intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a significant proportion of children will not recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case, your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether the doctor who gave you your child's treatment had a previous history of malpractice cases.

Once your lawyer understands the injuries suffered by your child, she will start a lawsuit against defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of the legal process because it allows both sides to present their case. It can take as long as a year to negotiate a settlement.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. During this discovery phase each side will gather evidence to support its claims.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is more cost-effective for all parties involved. If your lawyer is confident that they'll win the case at trial they may decide to try to get an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice, and also help to raise awareness and prevent these types of injuries from occurring in the future. If your verdict is not favorable you can appeal. This could take a bit longer, but it could raise the amount you receive.