Erb's Palsy Litigation
The legal process in the aftermath of your child's brachial injury can help bring your family and you closure. However, the litigation process is complex and requires expert legal representation.
If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.
The Legal Process
Families file
Erb's Palsy lawsuits to get compensation for medical costs and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.
Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to appear before an attorney or a jury. If, however, your family members are unable to agree on a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a bigger amount.
The brachial plexus is a group of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. The injury is often avoidable. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement and help their child get back on track.
Mediation or Arbitration
If your child has suffered an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's Palsy settlement could help you to pay for the treatment. This could include treatment, therapy, assistive devices, and operations.
Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement prior to the trial beginning.
If you are unable to agree to a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence to the hearing.
It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to the hearing or present their statements via videoconferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them as a future witness.
Complaint in the Court
Many children suffering from Erb's palsy can overcome their physical limitations by intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover in any way and will be left with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's
erb's palsy lawyers syndrome was due to medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.
To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from your settlement for
Erb's Palsy. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had prior experience with similar malpractice cases.
If your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical records and more. This is a crucial part of your legal case as it allows you to develop your case. Settlements can take as long as one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able get compensation to cover medical expenses and future costs for treatment including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will need to gather evidence to prove mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a specific amount of time to respond. In this discovery phase, each side will gather evidence to support their claims.
Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for all parties involved. If your attorney is confident that they'll win the case in court, they might decide to go to the jury for a verdict. A successful verdict will provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not in your favor, you can appeal the decision. This process may take longer, but it can increase the amount you receive.