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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family to find closure. The process of suing can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Read on to learn more about the Erb's Palsy lawsuit process.

The Legal Process

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

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly shorten the legal process, and also prevent your family from having to face the jury or judge. If your family members are unable to reach an agreement on a settlement then you'll need to go to court. This can take a long time however, it could result in a bigger award.

The brachial plexus is a group of nerves that control movement within the arm. The forceful pulling of the head, neck, arms or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and lead to Erb's palsy. This condition is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families get a fair financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and suffered brachial sprains, an Erb's Palsy settlement can help you pay for their care. This can include surgery, therapy, assistive devices and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement prior to the trial beginning.

If you're unable to come to a deal the case will go to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses can present at the hearing in person, or you can present their testimony through video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have the addresses of your witnesses and telephone numbers on file in the event that they are needed as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. A large number of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to medical negligence during the birth process are entitled to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor involved in the birth of your child had a history of similar malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence such as expert opinions, depositions and medical records and more. This is an important part of your legal case because it helps you build your case. It can take up an entire year to settle a case.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records, witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In the discovery phase the parties will gather evidence to support its claims.

Most lawsuits are settled outside of court instead of going to trial, because it's more cost-effective for all parties involved. If your lawyer is confident they can win at trial, they may choose to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor, you can appeal the decision. The process could take longer, but it could increase the amount you are awarded.