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Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

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

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can significantly shorten the legal process and prevent your family from having to go before jurors or judges. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time however, it could 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 arms, or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Arbitration or Mediation

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

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you are unable to agree to a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and determine who wins the case. This hearing is more informal than a court trial, but it is important to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You may either have your witnesses attend the hearing or present their testimony via video conferencing. 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 have their addresses and contact numbers on file in case they're called to testify in the future.

Complaint in Court

Many children who suffer from Erb's palsy can overcome their physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe their child's erb's palsy lawyer palsy was the result of medical negligence during the birth process have the right claim fair compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition. They will create an annual cost of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records and determine whether or not the doctor who gave you your child had a previous history of malpractice cases.

When your lawyer is aware of the child's injuries 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 records are also included. This is an essential part of your legal case as it allows you to build your arguments. It could take up to one year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. In this phase of discovery each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for the parties involved. If your attorney is convinced that they'll win the case at trial it could be decided to pursue it to the jury for a verdict. A successful verdict can give families a sense of justice and increase awareness of how to avoid any future birth injuries. If the verdict isn't favorable you can appeal. Although this process may take longer, it can also increase the amount of the amount you are awarded.