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Erb's Palsy Litigation

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

A successful lawsuit can award your family members compensation for your child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many of erb's palsy lawsuits lawsuits involving palsy are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process and avoid your family from having to appear before an attorney or a jury. If your family members are unable to come to a deal, you will need to go to the court. This could take a long time but it could also result in a higher award.

The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. The injury is often preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past the lawsuits have helped families obtain an appropriate financial settlement to help their child get back on path.

Mediation or Arbitration

If your child suffered an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement could help you pay for his or her care. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits settle without court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will likely attempt to reach a settlement prior to when the trial starts.

If you are unable to reach an agreement, the case will be taken to arbitration. A neutral third party will listen to both sides and decide who will win the case. This 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 as well as witnesses to present at the hearing. Witnesses can present at the hearing in person or you can provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to be present at the hearing. Also, keep the numbers of your witnesses and addresses on file, in case you have to call them as a future witness.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a significant proportion of children will not recover in any way and will be forced to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether or not the doctor who gave you your child had a previous medical malpractice case.

If your lawyer has a clear understanding of the child's injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions medical records, and more. This is an essential part of your legal case because it allows you to develop your arguments. It can take up to an entire year to settle a case.

Settlement

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

Your lawyer must gather evidence to prove the error that caused the brachial plexus injury to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who gave your child. The defendants are given a specified amount of time to respond to the lawsuit. during this discovery stage both sides will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is confident that they'll win the case at trial it could be decided to take it to the jury for a verdict. A successful verdict could give families a sense justice and help educate people about ways to avoid future birth injuries. If your verdict isn't favorable you can appeal. While this procedure can take more time but it also increases the amount of the amount you are awarded.