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Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family to find closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit can award your family compensation for child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and prevent your family from facing a judge or jury. If your family is unable agree on a settlement, you will need to appear in the court. This can take a considerable amount of time, but could also result in a bigger settlement.

The brachial complex is a collection of nerves which control movement within the arm. Forceful pulling on the neck, head, shoulders or arms during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past these lawsuits helped families get a fair financial settlement and help their child get back on path.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help to pay for the treatment. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can either witness your witnesses attend the hearing or give statements through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and contact numbers on file in case they are called to testify in the future.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a significant proportion of children will not recover to a significant degree and must live with the effects of this birth injury for life. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce an annual cost of living estimate. This determines the amount you're entitled to from your erb's palsy lawyer palsy settlement. Your lawyer can 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 a history of similar malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child she will make a claim against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal action because it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover medical expenses and future costs for treatment 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 require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. In the discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled out of court rather than go to trial, because it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case in court they may decide to go to the jury for a verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you You can appeal the decision. The process could take longer, but it could increase the amount you are awarded.