Erb's Palsy Litigation The legal process in the aftermath of your child's brachial-plexus injury can bring your family and you closure. The litigation process can be complicated and requires a skilled lawyer. If you are successful in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure. The Legal Process The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars. Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to appear before the jury or judge. If, however, your family cannot agree on a settlement you will have to go to trial. This can take a long time but it can also potentially result in a higher award. The brachial plexus is a set of nerves that regulate movement within the arm. Forceful pulling on the neck, head arms or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families secure an appropriate financial settlement to support their child's future. Arbitration or Mediation If your child was injured by an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement can help you pay for their care. This could include therapy, surgery as well as assistive devices and treatments. Many lawsuits settle out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial starts. If you cannot reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and determine who wins the case. This hearing is more informal than a court trial, however, it is crucial to present witnesses and physical evidence. You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to witness your witnesses attend the hearing or provide their testimony via video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are required to appear to testify in the future. A complaint to the court Many children suffering from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some children may require surgery to repair torn nerve fibers. Many children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child. To establish the value of your case Your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child’s medical records, and look into whether the doctor who treated your child's treatment had a previous history of malpractice cases. If your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions, medical records, and more. This is an essential aspect of your legal defense because it allows you to develop your case. Settlements can take up to one year. Settlement When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will need to gather evidence to prove the error that caused the brachial plexus injuries to your child, which could include medical documents, witness statements, and expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set time frame to respond. In this phase of discovery each side will collect evidence to support their claims. Most lawsuits settle out of court, rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is convinced that they will win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. However, if the verdict is not in your favor, you can appeal the decision. This procedure could take longer, but it can increase the amount you are awarded.