Erb's Palsy Litigation
Legal action following your child's brachial-plexus injury may aid you and your family find closure. However, the litigation process is complicated and requires experienced legal representation.
If you prevail in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.
The Legal Process
The most popular reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries, however, it can easily rise to the millions of dollars.
Many
erb's palsy law firm palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This could cut down the legal process dramatically and keep your family from having a jury or judge decide their case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This could take a long amount of time, however it can also result in a larger amount.
The brachial nerves control the movement of the arm. The forceful pulling of the neck, head shoulders or arms during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families get an appropriate financial settlement to get their child's life back on track.
Arbitration or Mediation
If your child was injured in the womb by medical negligence, and suffered from brachial paralysis, an
Erb's Palsy settlement could help you to pay for their medical treatment. This can include surgery, therapy as well as assistive devices and treatment.
Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial starts.
If you cannot reach an agreement, your case will be referred to arbitration. This means that an impartial third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.
You will also require copies of all legal documents and witnesses to be present at the hearing. You can have witnesses present at the hearing in person, or you can present their testimony via video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should keep your witnesses' addresses and contact numbers on file in case they are called as a witness in the future.
Complaint to the Court
Many children who suffer from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A large number of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence in the delivery procedure have the right to seek an appropriate amount of compensation for their child's injuries.
To establish the value of your case your lawyer will collaborate with specialists in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor involved in your child's birth had an history of similar malpractice cases.
Once your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceedings as it allows both sides to build their arguments. It could take up to a year to arrive at a settlement.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. In this phase of discovery, each side will gather evidence to support its claims.
Most lawsuits are settled outside of court instead of going to trial because it's cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict can give families a sense justice and help educate people about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. The process could take longer, but it will increase the amount you get.
