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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family members find closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to seek 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 particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can shorten the legal process dramatically and keep your family from having a jury or judge decide the case. If your family members are unable to reach a settlement the family will have to go to court. This can take a lot of time, but it could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.

If you are unable agree to a settlement the case will go to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements through video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must have the addresses of your witnesses and contact numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. Many children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This helps determine how much you're entitled to from 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 treated your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case as it allows you to construct your case. It could take up to an entire year before you can negotiate a settlement.

Settlement

When your erb's palsy law firms palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical expenses and future treatment costs, including 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 require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are given a specified amount of time in which to respond to the lawsuit, and during this discovery stage both sides will collect additional evidence to prove their claims.

Most lawsuits are settled out of court instead of going to trial as it is more cost-effective for everyone involved. If your lawyer believes that they can win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If your verdict isn't favorable you may appeal. This could take a bit longer, but it can increase the amount you are awarded.