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Erb's Palsy Litigation

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

A successful lawsuit could grant your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This can shorten the legal process considerably and spare your family from having a jury or judge decide the case. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This can take a lot of time, but can also result in a larger settlement.

The brachial nerves control the movement of the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -like when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This condition is usually avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families get a fair financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement can help you to pay for the care. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive 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 lawyers are likely to attempt to negotiate an agreement prior to the trial gets underway.

If you are unable to agree to a settlement the case will be taken to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it's crucial to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony through video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and contact numbers on file in case they are called as witnesses in the future.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to fix torn or damaged 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 their child's erb's palsy lawsuit syndrome was due to medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case, your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

Once your lawyer has identified the injuries of your child and the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence including expert opinions, depositions, additional medical documents, and so on. This is an essential aspect of your legal argument because it helps you build your case. Settlements can take up to one year.

Settlement

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

Your lawyer will have to collect evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a specific amount of time to reply. In the discovery phase, each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than going to trial, as it's more cost-effective for the parties involved. If however, your attorney believes they will win at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict will give families a sense of justice and increase awareness of how to prevent future birth injuries. If the verdict isn't favorable you can appeal. This could take a bit longer, but it can increase the amount you receive.