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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of litigation can be complex and requires an experienced lawyer.

If you win your lawsuit, your family may receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

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

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This could cut down the legal process significantly and save your family from having a jury or judge decide their case. However, if your family members cannot reach a settlement you will have to go to trial. This can take a long time but it can also potentially result in a higher amount.

The brachial plexus is a set of nerves that control movement in the arm. Forceful pulling on the neck, head arms or shoulders during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. This injury is often avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to create awareness of the birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence, and suffered from brachial palsy, anErb's settlement for palsy can help pay for their care. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial starts.

If you are unable to settle your dispute your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to present at the hearing in person or you can provide their statements through video conference. Subpoenas must be issued in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. Keep your witnesses' phone numbers and addresses in the file in case you need to contact them as a future witness.

A complaint to the court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations with regular physical therapy. Some children may require surgery to repair torn nerve fibers. A large number of children are not able to recover and will have to live their lives with the consequences 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 seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether the doctor who treated your child had a previous record of malpractice cases.

If your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including 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 case. Settlements can take as long as one year.

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 may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are then given a specific time frame to respond. In this phase of discovery each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for all parties involved. If your lawyer believes that they can win in court, they could choose to take the case to the verdict of a jury. A successful verdict can provide families with a sense of justice and raise awareness about how to prevent future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. The process could take longer, but it will raise the amount you receive.