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Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring your family and you closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit could award your family members compensation for your child's medical bills as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular 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 will depend 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 resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could cut down the legal process dramatically and spare your family from having a judge or jury decide their case. If your family is not able to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in court. This could take a long time however, it could result in a higher amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to 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 harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely attempt to negotiate a settlement prior to when the trial starts.

If you're unable to settle your dispute the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. The hearing may be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person, or they can give their testimony via video conference. Subpoenas should be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to call them as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process are entitled 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 to develop the lifetime cost of living estimate. This determines the amount you're entitled to from your erb's palsy law firms palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action as it allows both sides to build their arguments. It could take up to an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must collect evidence to prove the error that caused the brachial plexus injuries to your child which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a set amount of time to respond. In this discovery phase each side will gather evidence to support its claims.

Most lawsuits are settled out of court rather than go to trial, since it's cheaper for all parties involved. If your attorney is convinced that they can win the case at trial they may decide to try to get the jury for a verdict. A successful verdict in a birth injury lawsuit can give families a sense justice, and also help to raise awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you, you can appeal the decision. This could take a bit longer, but can increase the amount you receive.