Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.
If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.
The Legal Process
The most frequent reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses 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 of the Erb's Palsy lawsuits settle without court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before a judge or jury. If your family is unable come to a deal, you will need to appear in the court. This can take a lot of time, but can also result in a larger settlement.
The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on track.
Arbitration or Mediation
If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Settlement for palsy could help you cover the cost of their treatment. This could include therapy, surgery as well as assistive devices and treatment.
Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.
If erb's palsy lawsuit lincoln to reach a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.
You should also have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to the hearing or submit their statements using video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas in advance. Also, keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them for an upcoming witness.
Complaints in the Court
Many children with Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. A significant number of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth process are entitled to claim fair compensation for the injuries suffered by their child.
To determine the value of your case Your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and investigate whether or not the doctor who delivered your child's treatment had a previous medical malpractice case.
When your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal defense because it allows you to construct your case. Settlements can last up to one year.
Settlement
If your Erb's palsy lawsuit is a success your lawyer could be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.
Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who gave your child. The defendants will be given a certain period of time to respond to the lawsuit, and during this process of discovery each side will gather additional evidence to support their claims.
Most lawsuits settle out of court, rather than go to trial, because it's cost-effective for all parties involved. If your attorney is confident that they will prevail in the case in court, they might decide to go to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and help raise awareness and prevent these types of injuries from happening again in the future. If your verdict is not favorable you may appeal. The process could take longer, but it will increase the amount you get.