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Erb's Palsy Litigation

The legal process 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 a skilled lawyer.

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

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other expenses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to face jurors or judges. If your family is not able to agree on a settlement the family will have to go to the court. This can take a significant amount of time, but can also result in a larger award.

The brachial complex is a collection of nerves that control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on track.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for their care. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys are likely to attempt to reach a settlement prior to when the trial begins.

If you're not able to agree to a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and decide who wins the case. This hearing is more informal than a court case, however it is vital to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or they can give their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. In addition, you must have your witnesses' addresses and telephone numbers on file in the event that they are needed to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A significant number of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether the doctor who gave you your child's care had a experience of malpractice.

Once your lawyer understands the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence like expert opinions, depositions medical records and more. This is an essential aspect of your legal case because it allows you to develop your arguments. Settlements can last for up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able to obtain compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to collect evidence to prove the error that caused the brachial plexus injury to your child, which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specified time frame to respond. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, since it's cheaper for all parties involved. If however, your attorney believes they will win in court, they might decide to take the case all the way to the verdict of a jury. A successful verdict could provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. This could take a bit longer, but it can raise the amount you receive.