Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may help you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.
If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Find out more about the Erb's palsy litigation process.
The Legal Process
Families file Erb's Palsy
lawsuits to seek compensation for medical costs and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries,
lawsuits but it could easily reach the thousands of dollars.
Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process dramatically and keep your family from having a jury or judge decide on their case. If, however, your family cannot agree on an agreement, you'll have to go to trial. This could take a long time but it can also potentially result in a larger award.
The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders, or on arms, could damage these nerves, causing
erb's palsy attorney Palsy. This injury is often avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on course.
Mediation or Arbitration
If your child was injured during the womb because of medical negligence and suffered brachial paralysis, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include therapy, treatment, assistive devices, and procedures.
Many lawsuits settle without court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital's lawyers will most likely try to come to an agreement before the trial gets underway.
If you are unable to reach a settlement the case will be taken to arbitration. A neutral third party will consider both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.
You will also require copies of all legal documents and witnesses to present at the hearing. You can either invite your witnesses to the hearing or give statements using video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. Additionally, you should have their addresses and contact numbers on file in case they are required to appear as witnesses in the future.
Complaints in the Court
Many children suffering from Erb's palsy can overcome physical limitations through intense daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children don't recover to any measurable degree and
lawsuits will be forced to live with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's paralysis was due to negligence in the delivery process are entitled to claim fair compensation for the injuries suffered by their child.
Your lawyer will work with specialists in treating this condition to create an annual cost of living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and also determine whether or not the doctor who treated your child's treatment had a previous experience of malpractice.
If your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal defense because it allows you to develop your case. Settlements can take up to one year.
Settlement
If your Erb's Palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply. In the discovery phase the parties will gather evidence to support its claims.
Most lawsuits settle out of court rather than going to trial, because it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case in court and decides to pursue it to the jury. A successful verdict can give families a sense justice and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable you can appeal. The process could take longer, but it could increase the amount you are awarded.