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Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can help bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for your child's medical expenses and Erb's Palsy Lawsuit future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This could cut down the legal process by a significant amount and save your family from having a jury or judge decide their case. If, however, your family cannot agree on an agreement, you'll have to go to trial. This could take a long time, however, it could result in a bigger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, erb's palsy lawsuit or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. This condition is usually prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's settlement can help you pay for their treatment. This may include therapy, treatment aids, assistive devices, as well as operations.

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital attorneys will most likely try to come to an agreement before the trial starts.

If you're not able to reach a settlement the case will be taken to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses can attend the hearing in person, or they can give their testimony through video conference. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair sprained or separated nerve fibers. Many children are not able to recover and will have to live their lives with the effects of this birth injury. 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.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had previous malpractice cases.

When your lawyer is aware of the injuries of your child she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions and medical documents and more. This is a crucial part of your legal case as it allows you to construct your case. It can take up to a year to negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses 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 must gather evidence to prove the mistake that led to the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a specified amount of time to respond. During this discovery phase the parties will gather evidence to support its claims.

Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for all parties involved. If however, your attorney believes they will win in court, they might choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness and prevent these types of injuries from happening in the future. However, if the verdict is not favorable to you, you can appeal the decision. This process may take longer, but it can increase the amount you get.