Erb's Palsy Litigation
Legal action after your child's brachial-plexus injury may help you and your family members find closure. The process of litigation can be complicated and requires an experienced lawyer.
A successful lawsuit can award your family compensation for child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
The most common reason families file an
erb's palsy attorneys palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily amount to 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 satisfactory to both parties. This could speed up the legal process significantly and spare your family from having a jury or judge decide their case. However, if your family cannot agree on 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 in the arm. A forceful pull on the neck, head arms or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement to get their child's life back on track.
Mediation or Arbitration
If your child suffered an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's Palsy settlement can help you to pay for the care. This can include therapy, surgery aidive devices, and treatment.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial starts.
If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence for the hearing.
Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to the hearing or present their statements through video conferencing. Subpoenas should be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you have to call them as an upcoming witness.
Complaint in Court
Many children suffering from Erb's palsy can overcome their physical limitations with daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process are entitled to claim fair compensation for the injuries suffered by their child.
To determine the value of your case Your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether the doctor who performed surgery on your child's care had a history of malpractice cases.
When your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding as it allows both sides to construct their arguments. It can take up an entire year to reach a settlement.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation for medical costs and
erb's future treatment costs including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This may include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a specific period of time to respond. In this phase of discovery, each side will gather evidence to support its claims.
Most lawsuits are settled outside of court rather than going to trial because it is cost-effective for all parties involved. If however, your attorney believes that they can win in court, they could choose to take the case to a verdict by a jury. A successful verdict will give families a sense of justice and help spread awareness about how to avoid any future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. While this procedure can take longer, it can also increase the amount of compensation you receive.