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Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

The most common reason families pursue an Erb's-related 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 situation. It can easily reach millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can drastically cut down on the legal process, and also prevent your family from facing the jury or judge. If your family is not able to reach an agreement on a settlement then you'll need to go to court. This can take a lot of time, but could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head arms, or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This condition is usually prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement can help you pay for his or her treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will probably try to reach an agreement before the trial gets underway.

If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide physical evidence and witnesses for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements using video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement that they attend the hearing. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they are called to testify in the future.

Complaint in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. A significant 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 child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy lawsuit (Read Significantly more) settlement for Erb's Palsy lawsuit palsy. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who treated your child's diagnosis had a prior experience of malpractice.

When your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is a vital part of your legal proceeding because it allows both sides to present their case. Settlements can take as long as one year.

Settlement

If your lawsuit against Erb's Palsy is successful the lawyer may be able to obtain compensation to cover medical expenses, future treatment costs and 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 have to collect evidence to prove the error that caused your child's brachial plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specified period of time to respond. During this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, Erb's Palsy lawsuit as it's more cost-effective for the parties involved. If your lawyer believes that they can win in court, they might decide to take the case all the way to the verdict of a jury. A successful verdict could bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If your verdict isn't favorable, you can appeal. The process could take longer, but it can raise the amount you receive.