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Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit can award your family members compensation for your child's medical expenses and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily be millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process dramatically and save your family from having a judge or jury decide the case. However, if the family members are unable to agree on a settlement you will have to go to trial. This can take a long time however, it could result in a higher amount.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to erb's palsy law firms (More) palsy. This condition is usually avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate financial settlement to support their child's future.

Mediation or Arbitration

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

Many lawsuits settle outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement prior to when the trial gets underway.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence to the hearing.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can either have your witnesses attend the hearing or provide their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Also, keep your witnesses' phone numbers and addresses in the file in case you have to contact them as a future witness.

Complaint to the Court

Many children with Erb's -Pallsy can overcome physical limitations through intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large percentage of children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to medical negligence during the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce an annual cost of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child's care had a medical malpractice case.

If your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal defense because it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer may be able get compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the malpractice that caused your child's brachial plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are given a specific period of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial, as it's cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to take the case to a jury verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to prevent future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. While this process could take longer, it can also increase the amount of the compensation you receive.