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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the litigation process is complex and requires skilled legal representation.

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

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This could speed up the legal process significantly and save your family from having a jury or judge decide the case. If your family is unable agree on a settlement then you'll need to appear in court. This can take a lot of time, but it could also result in a larger amount.

The brachial area is a group of nerves that control movement in the arm. Forcing the head, neck, arms, or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury that could have been avoided. In the past these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help pay for his or her treatment. This may include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits settle without court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you are unable to come to a deal the case will go to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements via video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them for a future witness.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large number of 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 delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This determines the amount you're entitled to from your settlement for erb's palsy lawyer Palsy. Your lawyer can also help you obtain copies of your child's medical records and determine whether or not the doctor who gave you your child's treatment had a previous experience of malpractice.

Once your lawyer understands the injuries of your child, she will make a claim against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions medical records and more. This is an important part of your legal argument because it allows you to build your arguments. It can take as long as a year to negotiate a settlement.

Settlement

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

Your lawyer will need to collect evidence to prove the mistake that led to the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who provided your child with. The defendants are then given a set amount of time to reply. In the discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial, since it's cheaper for all parties involved. If your attorney is confident that they can win the case in court it could be decided to go to the jury for a verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness and prevent these types of injuries from happening in the future. If your verdict is not in your favor, you can appeal the decision. While this process could take longer but it also can increase the amount of the compensation you receive.