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Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The litigation process can be complicated and requires a skilled lawyer.

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

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to go before a judge or jury. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This can take a considerable amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. This injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits helped families get a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial area during birth due to medical negligence, an erb's palsy lawyer settlement can help to pay for the care. This may include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits settle without court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial starts.

If you cannot reach an agreement, your case will be referred to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is important to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can choose to witness your witnesses attend the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Keep your witnesses' phone numbers and addresses on file in case you have to contact them for witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations with daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. Many children do not recover and are forced to live with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process are entitled to seek fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition. They will create a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and investigate whether or not the doctor who gave you your child's care had a medical malpractice case.

Once your lawyer understands the injuries of your child and the child's injuries, she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal action as it allows both sides to develop their arguments. It can take up an entire year before you can negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond to the lawsuit, and during the discovery phase, both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer is confident that they will win the case at trial, they might decide to go to a jury verdict. A successful verdict could bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. However, if the verdict is not favorable to you You can appeal the decision. While this process can take more time but it also increases the amount of compensation you receive.