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Erb's Palsy Litigation

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

If erb's palsy lawyer irving prevail in your lawsuit, your family can receive compensation for the medical bills of your child and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from having to face an attorney or a jury. However, if the family cannot agree on an agreement, you'll have to go to trial. It can take a long time but it could also result in a bigger award.

The brachial plexus is a set of nerves that regulate movement within the arm. During labor and birth, excessive forceful pulling of the neck, head, or shoulders, or on the arms can result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you to pay for the treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial begins.





If you are unable to agree to a settlement the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to witness your witnesses attend the hearing or give testimony via video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses' addresses and phone numbers on file in case they're called as a witness in the future.

Complaint in Court

Many children with Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some children require surgery to repair the torn nerve fibers. A significant number of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the birth process have the right to claim fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition to create an annual cost of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases.

When your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions medical documents and more. This is a crucial part of your legal action because it allows both sides to build their arguments. It can take up a year to reach a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to secure compensation for medical costs and future treatment costs such as 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 error that caused your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during this process of discovery both sides will gather additional evidence to back their claims.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for all parties involved. If your attorney is confident that they will win the case at trial it could be decided to try to get a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict isn't favorable you may appeal. This process may take longer, but it could raise the amount you receive.