Erb's Palsy Litigation
In the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.
A successful lawsuit may award your family compensation for your child's medical bills and any future treatment. Learn more about the Erb's Palsy lawsuit procedure.
The Legal Process
Families file
erb's palsy lawsuits (
aragaon.net) to seek compensation for medical costs and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the severity of their injuries but can easily soar into the thousands of dollars.
Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before jurors or judges. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can also take a long time but it could also result in a higher award.
The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. In many instances, the injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families receive an equitable financial settlement to support their child's future.
Mediation or Arbitration
If your child sustained an injury to the brachial plexus during birth due to medical negligence, an Erb's palsy settlement could help you pay for their care. This could include therapy, treatment aids, assistive devices, as well as surgeries.
Many lawsuits settle outside of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial starts.
If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.
You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person, or you can provide their statements via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they are called as witnesses in the future.
Complaints in the Court
Many children suffering from
erb's palsy attorney Palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. A large percentage of children will never recover and have to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.
To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of your child's medical records, and also determine whether or not the doctor who gave you your child had a previous experience of malpractice.
If your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence like expert opinions, depositions, medical records, and more. This is a vital part of the legal process since it allows both sides to develop their arguments. Settlements can take as long as one year.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a set amount of time to reply. In the discovery phase each side will collect evidence to back up their claims.
Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cheaper for everyone involved. If however, your attorney is confident they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict can provide families with a sense of justice and help spread awareness about ways to avoid future birth injuries. However, if your verdict is not favorable to you You can appeal the decision. Although this process may take longer however, it could also increase the amount of compensation you receive.