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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for your child's medical expenses and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an erb's palsy attorneys palsy lawsuit is to get 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 particular case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to face jurors or judges. However, if the family cannot agree on an agreement, you'll have to go to trial. This can take a lot of time, but could also result in a bigger settlement.

The brachial complex is a collection of nerves that control movement in the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -for example, when doctors employ forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. This condition is usually preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury that could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child sustained a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's lawyers are likely to try to reach an agreement prior to the trial gets underway.

If you're not able to reach a settlement your case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence for the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Keep your witnesses' numbers and addresses on file, in case you have to call them as an upcoming witness.

A complaint to the court

Many children suffering from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children may require surgery to repair damaged nerve fibers. Many children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery procedure have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to produce the lifetime cost of living estimate. This helps 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 the doctor who treated your child's diagnosis had a prior experience of malpractice.

Once 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 that involves exchanging evidence including expert opinions, depositions medical records and more. This is an essential aspect of your legal case as it allows you to develop your case. It could take up to a year to settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation for medical expenses and future costs for treatment including 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 have to collect evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants will then be given a specified period of time to respond to the suit, and during the discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits settle out of court rather than going to trial, because it's cheaper for all parties involved. If your attorney is convinced that they will win the case in court they may decide to pursue it to a jury verdict. A successful verdict could bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. While this process can take longer but it also can increase the amount of the compensation you receive.