Erb's Palsy Litigation
Legal action in the aftermath of your child's plexus brachial injury can help bring you and
erb's palsy lawsuits your family closure. The litigation process can be complex and requires an experienced lawyer.
A successful lawsuit may award your family members compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's palsy lawsuit process.
The Legal Process
Families file
Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars.
Many
Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This can speed up the legal process by a significant amount and save your family from having a judge or jury decide their case. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time but it can also potentially result in a bigger award.
The brachial plexus is a set of nerves which control movement within the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders or on arms, could result in damage to these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families receive a fair financial settlement to support their child's future.
Arbitration or Mediation
If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help you pay for their treatment. This could include therapy, treatment devices, assistive devices,
Erb's Palsy Lawsuits and procedures.
Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely seek an agreement prior to the trial starts.
If you fail to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will hear both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, but it's important to present witnesses and evidence to the hearing.
You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to attend the hearing in person or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you need to contact them as an upcoming witness.
Complaints in Court
Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a large percentage of children are not able to recover to a significant degree and will have to live with the limitations of this birth injury for life. 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.
Your lawyer will work with specialists in treating this condition to produce an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to through your
erb's palsy attorneys palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether or not the doctor who treated your child had a previous record of malpractice cases.
When your lawyer has a clear understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal action because it allows both sides to develop their arguments. Settlements can take as long as one year.
Settlement
If your Erb's palsy suit is successful, your lawyer could be able to obtain compensation to cover medical expenses and future costs for treatment including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.
Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. During this discovery phase each side will collect evidence to support their claims.
Most lawsuits are settled outside of court rather than go to trial, since it's cost-effective for all parties involved. If your attorney is confident that they can win the case in court and decides to try to get a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and help raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict is not favorable you can appeal. This could take a bit longer, but it could increase the amount you receive.