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Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family to find closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit can award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular case of your child and the severity of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can significantly speed up the legal process and save your family from facing the jury or judge. If your family is not able to come to a deal, you will need to go to court. This can take a lot of time, but can also result in a larger amount.

The brachial plexus is a group of nerves that regulate movement within the arm. A forceful pull on the neck, head, arms, or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This injury is often preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you pay for their care. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital attorneys will most likely try to come to an agreement before the trial starts.

If you are unable to reach an agreement, Erb's palsy lawsuits the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can either invite your witnesses to the hearing or submit their statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. You must also keep the numbers of your witnesses and addresses on file, in case you need to call them as an upcoming witness.

Complaint to the Court

Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had prior experience with similar malpractice cases.

Once your lawyer has identified the injuries suffered by your child she will make a claim 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 a crucial part of your legal defense because it allows you to construct your case. It can take as long as an entire year before you can negotiate a settlement.

Settlement

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

Your lawyer must collect evidence to prove the malpractice that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who gave your child. The defendants are given a certain amount of time in which to respond to the suit, and during the discovery phase each side will gather additional evidence to back their assertions.

Most lawsuits settle out of court instead of going to trial, because it's more cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and raise awareness to prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable, you can appeal. This process may take longer, but it can increase the amount you are awarded.