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Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit can award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to 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 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 out of court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can speed up the legal process considerably and keep your family from having a judge or jury decide their case. If your family is unable to reach an agreement on a settlement the family will have to appear in court. This can take a long time however, it could result in a higher amount.

The brachial area is a group of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms or shoulders during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families get an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an erb's palsy law firm settlement for palsy can help cover the cost of their treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial gets underway.

If you cannot reach an agreement, the case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or present their testimony via video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as an upcoming witness.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. However, a large percentage of children are not able to recover to a significant degree and must live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process have the right claim fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor responsible for your child's birth had an history of similar malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your 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 a crucial part of your legal defense because it allows you to build your arguments. It can take as long as an entire year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants will be given a set amount of time to respond to the lawsuit, and during this discovery stage, both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial as it's more cost-effective for everyone involved. If your attorney is convinced that they will win the case at trial, they might decide to go to the jury. A successful verdict in a birth injury lawsuit can give families a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If your verdict is not in your favor, you can appeal the decision. This could take a bit longer, but it could increase the amount you get.