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Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family find closure. The process of litigation is complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to pursue an erb's palsy attorney-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can speed up the legal process by a significant amount and Erb's Palsy lawsuits spare your family from having a judge or jury decide the case. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial complex is a collection of nerves that regulate movement in the arm. Forcing the head, neck, shoulders or arms during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for their care. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys are likely to attempt to reach a settlement prior to when the trial begins.

If you are unable to reach an agreement, your case will be sent to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

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

To determine the value of your case the lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor involved in the birth of your child had previous malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceedings since it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a certain amount of time to respond to the lawsuit, and during this discovery phase each side will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, since it's more cost-effective for all parties involved. However, if your attorney believes they will win in court, they might choose to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness and prevent these types of injuries from happening again in the future. If your verdict is not in your favor You can appeal the decision. Although this process may take longer but it also increases the amount of compensation you receive.