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Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family to find closure. The litigation process can be complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family will be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the particular case of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and prevent your family from having a judge or jury decide on their case. However, if your family members are unable to agree on the terms of settlement, you'll need to go to trial. It can take a long time but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families get an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and suffered brachial paralysis, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you're unable to reach a settlement, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You will also need copies of all legal documents and witnesses to present at the hearing. You can choose to witness your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them as a future witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a large percentage of children don't recover in any way and must live with the effects of this birth injury for life. Parents who believe their child's erb's palsy attorneys palsy was the result of negligence by a medical professional during the birth process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and also determine whether or not the doctor who gave you your child's care had a record of malpractice cases.

If your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, medical documents and more. This is an essential aspect of your legal argument because it allows you to construct your case. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a specific period of time to respond. In the discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for all parties involved. However, if your attorney believes that they can win in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. If your verdict is not favorable you may appeal. Although this process may take longer, it can also increase the amount of compensation you receive.