Erb's Palsy Litigation
In the aftermath of your child's brachial-plexus injury can help bring you and your family closure. The process of litigation is complicated and requires a skilled lawyer.
A successful lawsuit may award your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy litigation procedure.
The Legal Process
Families file
Erb's Palsy lawsuits to get compensation for medical costs and other losses. 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 settled out of court. The lawyers representing both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This could speed up the legal process significantly and save your family from having a judge or jury decide the case. However, if your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a bigger amount.
The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head arms, or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to
erb's palsy attorneys palsy. In many instances, the injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and get their child's life back on path.
Arbitration or Mediation
If your child has suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include treatment, therapy aids, assistive devices, as well as procedures.
Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to seek an agreement before the trial gets underway.
If you are unable to come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is essential to provide witnesses and physical evidence.
Also, you must have copies of all your legal documents and
Erb's palsy lawsuits witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person, or you can provide their statements via video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are called to testify in the future.
Complaints in the Court
Many children who suffer from
erb's palsy law firms syndrome can overcome their physical limitations by daily physical therapy. Some children require surgery to repair damaged nerve fibers. A large percentage of children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.
Your lawyer will collaborate with doctors who specialize in treating this condition to develop an annual cost of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child's diagnosis had a prior medical malpractice case.
If your lawyer has a clear understanding of the injuries suffered by your child she will file a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence such as expert opinions, depositions and medical records, and more. This is a crucial part of your legal case as it allows you to construct your arguments. It can take up a year to reach a settlement.
Settlement
If your Erb's-Pallsy lawsuit is successful the lawyer may be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer must collect evidence to prove the negligence that caused the brachial plexus injury to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a specified amount of time in which to respond to the suit, and during this discovery phase, both sides will gather more evidence to support their claims.
Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for everyone involved. If however, your attorney believes they will win at trial, they may choose to take the case to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If your verdict is not favorable to you You can appeal the decision. This process may take longer, but it will raise the amount you receive.