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Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for 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 families file an erb's palsy attorneys palsy lawsuit is to seek 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 it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from facing a judge or jury. If your family is not able to reach a settlement, you will need to go to court. This could take a long amount of time, but could also result in a larger award.

The brachial plexus is a set of nerves that regulate movement in the arm. Forcing the head, neck, arms, or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This type of injury is usually preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits helped families get a fair financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement prior to the trial gets underway.

If you're unable to come to a deal, your case will proceed 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, but it's crucial to present physical evidence and witnesses for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to have your witnesses attend the hearing or present their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses so they are aware the requirement that they attend the hearing. Keep your witnesses' numbers and addresses on file in case you need to contact them for a future witness.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be forced to live with the effects of this birth injury for life. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with specialists in treating this condition to create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child's treatment had a previous medical malpractice case.

When your lawyer has a solid 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 involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of the legal process since it allows both sides to present their case. Settlements can last up to one year.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that delivered your child. The defendants will be given a specific amount of time in which to respond to the lawsuit. during this discovery phase each side will gather more evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, as it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they might choose to take the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but can raise the amount you receive.