Erb's Palsy Litigation
Taking legal action in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. The process of suing can be complex and
Erb's palsy lawsuit requires an experienced lawyer.
A successful lawsuit can award your family members compensation for your child's medical bills as well as future treatment. Find out more about the Erb's syndrome lawsuit process.
The Legal Process
The most popular reason families file an
Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.
Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can drastically reduce the legal process and avoid your family from having to appear before the jury or judge. If your family is not able to agree on a settlement the family will have to go to the court. This can take a considerable amount of time, but can also result in a bigger amount.
The brachial plexus is a group of nerves which control movement within the arm. A forceful pull on the neck, head, shoulders or arms during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. The injury is often prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an affordable settlement in order to ensure their child's future.
Mediation or Arbitration
If your child was injured during the womb because of medical negligence and suffered brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This could include therapy, treatment devices, assistive devices, and surgeries.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial starts.
If you're not able to reach a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.
It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person or they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to call them 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 children may require surgery to repair damaged nerve fibers. A significant number of children will never recover and have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.
Your lawyer will collaborate with doctors who are experts in treating this condition. They will create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your
erb's palsy law firms palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and investigate whether the doctor who gave you your child's diagnosis had a prior experience of malpractice.
If your lawyer has a clear understanding of the child's injuries then she will start a lawsuit against defendants. Both parties will undergo the discovery phase which involves exchanging evidence such as expert opinions, depositions medical documents and more. This is a crucial aspect of your legal action because it gives both sides the chance to present their case. Settlements can last up to one year.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply. During this discovery phase, each side will gather evidence to prove its case.
Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this process could take longer but it also increases the amount of compensation you receive.