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Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family to find closure. However, the litigation process is complex and requires expert legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This can speed up the legal process by a significant amount and save your family from having a judge or jury decide their case. If your family is not able to come to a deal and you are unable to reach a settlement, you must go to the court. This can take a lot of time, but can also result in a bigger settlement.

The brachial plexus is a set of nerves which control movement in the arm. Forceful pulling on the neck, head shoulders or arms during labor and deliveryfor example, when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families receive an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you cover the cost of their treatment. This may include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial gets underway.

If you are not able 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, however it's crucial to present witnesses and evidence to the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You may either have your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaint in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a substantial proportion of children don't recover to a significant degree and must live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. 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 treatment had a previous medical malpractice case.

Once your lawyer understands the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence like expert opinions, depositions and medical records and more. This is an essential part of your legal case as it allows you to build your case. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to obtain compensation to cover medical expenses and future treatment costs 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 need to gather evidence to prove the negligence that caused the brachial plexus injuries to your child that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a set amount of time to reply to the lawsuit, and during this process of discovery both sides will collect additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial, since it's cost-effective for all parties involved. If your attorney is confident that they will win the case in court they may decide to go to the jury for a verdict. A successful verdict could give families a sense justice and increase awareness of how to prevent future birth injuries. However, if the verdict is not favorable to you You can appeal the decision. This procedure could take longer, but it will raise the amount you receive.