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Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family get closure. The process of suing can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most frequent reason families start an Erb's palsy Law firms Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily be millions of dollars.

Many cases involving Erb's palsy have been settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can speed up the legal process significantly and keep your family from having a jury or judge decide on their case. If, however, your family is unable to reach a settlement you will have to go to trial. This can take a significant amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms, can result in damage to these nerves and cause Erb's palsy. This type of injury is usually preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial begins.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will take in both sides and decide who will win the lawsuit. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence to the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person or you can submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they are called to testify in the future.

Complaint to the Court

Many children suffering from Erb's syndrome can overcome physical limitations through regular physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A significant number of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also help you get copies of your child's medical records, and investigate whether the doctor who delivered your child's care had a record of malpractice cases.

If your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions medical records and more. This is an essential part of your legal action as it allows both sides to develop their arguments. Settlements can last for up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a specific amount of time to reply to the lawsuit, and during this discovery phase both sides will gather additional evidence to back their assertions.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for everyone involved. However, if your attorney is confident they can win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. This process may take longer, but can increase the amount you receive.