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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

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

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses 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 can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before jurors or judges. If your family is unable to come to a deal, you will need to go to the court. This can take a significant amount of time, however it can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and birthfor example, when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate an agreement before the trial begins.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will take in both sides and decide who will win the lawsuit. This hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. You can have witnesses attend the hearing in person or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by regular physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. However, a substantial proportion of children don't recover in any significant way and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe 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 collaborate with doctors who are experts in treating this condition to create the lifetime cost of living estimate. This determines the amount you're entitled to from your erb's palsy attorney palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child had a previous history of malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical records, and more. This is a vital part of your legal proceedings because it allows both sides to present their case. It can take up to a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation for medical costs 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 require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that provided your child with. The defendants are given a specific amount of time in which to respond to the suit, and during this discovery stage, both sides will gather additional evidence to prove their assertions.

Most lawsuits settle out of court instead of going to trial, because it's cost-effective for all parties involved. If your lawyer is confident that they will win the case at trial and decides to try to get a jury verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. While this procedure can take more time however, it could also increase the amount of compensation you receive.