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Erb's Palsy Litigation

Legal action following 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 can award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's syndrome lawsuit process.





The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular case of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process by a significant amount and prevent your family from having a judge or jury decide their case. However, if your family is unable to reach a settlement you will have to go to trial. This could take a long time but it can also potentially result in a bigger award.

The brachial complex is a collection of nerves that control movement within the arm. Forceful pulling on the head, neck, arms or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury that could have been avoided. In the past these lawsuits helped families obtain an appropriate financial settlement to get their child's life back on track.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial gets underway.

If you're unable to come to a deal, your case will proceed to arbitration. This means that an impartial third party will listen to both sides and determine who wins the case. This hearing is more informal than a court trial, however it is vital to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can present at the hearing in person, or you can present their testimony via video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. You should also keep the numbers of your witnesses and addresses in the file in case you have to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair the torn nerve fibers. Many children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery process have the right to claim fair compensation for their child's injuries.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to create a cost-of-living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

When your lawyer is aware of the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. erb's palsy attorney erie go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceeding because it allows both sides to build their arguments. It can take up one year to settle a case.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants are given a certain amount of time to reply to the lawsuit, and during this discovery phase each side will gather more evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for everyone involved. If your attorney is confident that they will win the case at trial and decides to pursue it to the jury. A successful verdict in a birth injury lawsuit can give families a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict isn't favorable you may appeal. This procedure could take longer, but it will increase the amount you receive.