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Erb's Palsy Litigation
Legal action following the brachial-plexus injury of your child could help you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation.
A successful lawsuit can award your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.
The Legal Process
Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily reach millions of dollars.
Many of the Erb's Palsy lawsuits settle out of court. The lawyers representing both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can drastically reduce the legal process and avoid your family from facing jurors or judges. If your family is not able to agree on a settlement the family will have to go to court. This can also take a long time, but it can also potentially result in a larger award.
The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders, or on arms, could result in damage to these nerves and cause Erb's palsy. This injury is often avoidable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to raise awareness about this birth injury that could have been prevented. In the past the lawsuits have helped families get an equitable financial settlement and get their child's life back on course.
Arbitration or Mediation
If your child sustained an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement could help you pay for their care. This may include treatment, therapy aids, assistive devices, as well as surgeries.
Many lawsuits settle outside of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to attempt to reach a settlement prior to when the trial gets underway.
If you cannot reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.
It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or present their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Also, keep your witnesses' numbers and addresses on file in case you need to contact them for a future witness.
A complaint to the court
Many children with Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a large percentage of children don't recover to a significant degree and will be left with the limitations 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.
To determine the value of your case the lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can 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.
Once your lawyer has a good 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 records and more. This is a crucial aspect of the legal process because it allows both sides to develop their arguments. Settlements can last up to one year.
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When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover 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 require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a certain time frame to respond. In the discovery phase the parties will gather evidence to prove its case.
Most lawsuits are settled outside of court rather than go to trial because it's more cost-effective for the parties involved. If however, your attorney believes they will win at trial, they may decide to take the case all the way to the verdict of a jury. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. Although this process may take longer, it can also increase the amount of the compensation you receive.
