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Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered 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 thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process considerably and prevent your family from having a judge or jury decide their case. If, however, your family members cannot reach a settlement you will have to go to trial. This can take a long time, however, it could result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. Forceful pulling on the neck, head shoulders or arms during labor and deliverysuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital's lawyers will likely attempt to negotiate an agreement before the trial gets underway.

If you are not able to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will listen to both sides and determine 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 in the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or you can provide their statements via video conference. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas in advance. You must also keep the numbers of your witnesses and addresses in the file in case you have to call them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with intense physical therapy every day. Some children will require surgery to repair torn nerve fibers. Many children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth 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 an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in the birth of your child had previous malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of the legal process since it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants are given a certain amount of time to reply to the lawsuit, and during this process of discovery both sides will collect additional evidence to back their claims.

Most lawsuits are settled out of court instead of going to trial since it is cheaper for everyone involved. If however, your attorney is confident that they will prevail in court, they could choose to take the case to a verdict by a jury. A successful verdict will give families a sense of justice and help spread awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. This process may take longer, but can increase the amount you get.