Erb's Palsy Litigation
The legal process in the aftermath of your child's plexus brachial injury can bring you and
Erb's palsy lawsuit your family closure. The litigation process can be complicated and requires an experienced lawyer.
A successful lawsuit may award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy litigation process.
The Legal Process
The most popular reason families file an
Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but can easily soar into the millions of dollars.
Many
Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This could cut down the legal process by a significant amount and keep your family from having a judge or jury decide the case. However, if the family cannot agree on a settlement you will have to go to trial. This could take a long amount of time, but can also result in a larger settlement.
The brachial nerves control the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing Erb's palsy. This condition is usually preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms 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 obtain a fair financial settlement and help their child get back on course.
Arbitration or Mediation
If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's settlement could help you to pay for the care. This may include treatment, therapy aids, assistive devices, as well as procedures.
Many lawsuits settle out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial starts.
If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence for the proceedings.
You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person or you can submit their statements through video conference. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Keep your witnesses' numbers and addresses on file in case you have to contact them as witnesses in the future.
Complaints in the Court
Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. However, a significant number of children don't recover in any significant way and must live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.
To determine the value of your case, your lawyer will work with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your
erb's palsy law firms 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 had a previous medical malpractice case.
Once your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings since it allows both sides to construct their arguments. It can take as long as an entire year before you can reach a settlement.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation to cover medical expenses and future costs for treatment, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.
Your lawyer must gather evidence to prove negligence that caused your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will file a lawsuit 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 reply. In this discovery phase, each side will gather evidence to prove its case.
Most lawsuits are settled out of court rather than going to trial because it's more cost-effective for the parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. If, however, your verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it could increase the amount you receive.