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Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded in a settlement depends on the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands 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 is acceptable to both parties. This can drastically cut down on the legal process and save your family from facing an attorney or a jury. If your family is unable to come to a deal the family will have to go to the court. This could take a long amount of time, however it can also result in a bigger award.

The brachial area is a group of nerves which control movement within the arm. Forceful pulling on the neck, head, shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. This injury is often avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families secure a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement can help pay for his or her care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers are likely to seek a settlement before the trial gets underway.

If you're not able to reach a settlement the case will go to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. This hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can submit their statements via video conference. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. In addition, you must keep your witnesses' addresses and phone numbers on file in case they're called to testify in the future.

A complaint to the court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a large percentage of children don't recover in any significant way and will be forced to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get 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.

If your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceedings because it allows both sides to present their case. It can take as long as an entire year to settle a case.

Settlement

If your erb's palsy lawyers Palsy lawsuit is successful, your lawyer might be able to get compensation to pay for medical costs including future treatment costs, adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused the brachial plexus injury to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during the discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court, instead of going to trial, since it's cost-effective for all parties involved. However, if your attorney believes they will win at trial, they may decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could give families a sense of justice and help raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable you may appeal. The process could take longer, but can increase the amount you are awarded.