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Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family get closure. The process of suing can be complicated and requires an experienced lawyer.

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

The Legal Process

Families file Erb's Psy lawsuits to seek compensation for medical costs and other losses. The amount of money awarded in a settlement will depend on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many Erb's Palsy lawsuits have been settled out of court. The lawyers for both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before the jury or judge. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time, but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. The injury is often prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's settlement can help you to pay for the care. This may include treatment, therapy, assistive devices, and procedures.





Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial starts.

If you are unable to come to a deal your case will be sent to arbitration. erb's palsy lawyer el paso will be able to hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to the hearing or submit their statements via videoconferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Additionally, you should have the addresses of your witnesses and telephone numbers on file in case they're called as a witness in the future.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a substantial proportion of children will not recover to any measurable degree and will have to live with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with specialists in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records 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 then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case as it allows you to construct your arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy lawsuit is successful the lawyer may be able to secure compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a specific amount of time to reply. In the discovery phase the parties will gather evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, since it's cost-effective for all parties involved. If your attorney is convinced that they can win the case in court and decides to try to get the jury. A successful verdict can give families a sense justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. While this process can take longer but it also increases the amount of compensation you receive.