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Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for child's medical bills as well as future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to get reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process, and also prevent your family from having to appear before the jury or judge. If your family is unable to reach a settlement the family will have to go to the court. It can take a long time, however, it could result in a higher amount.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms could damage these nerves, causing Erb's palsy. This injury is often prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to raise awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you're not able to come to a deal the case will be taken to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. This hearing is more informal than a court trial, however, it is crucial to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to the hearing or provide their statements via videoconferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. In addition, you must have their addresses and telephone numbers on file in case they are required to appear to testify in the future.

Complaint to the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's syndrome was due to medical negligence during the delivery process have the right to claim fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This helps determine how much you're entitled to from the erb's palsy attorney palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence including expert opinions, depositions medical documents and more. This is a crucial part of your legal case because it allows you to develop your arguments. It could take up to a year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is successful your lawyer could be able to get compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a certain amount of time to reply. In the discovery phase, each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, since it's cheaper for all parties involved. However, if your attorney believes they will win in court, they could decide to take the case all the way to a verdict by a jury. A successful verdict can bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. While this process can take longer, it can also increase the amount of the amount you are awarded.