Erb's Palsy Litigation
Legal action after your child's brachial-plexus injury may aid you and your family members find closure. However, the process of litigation is complex and requires skilled legal representation.
A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Find out more about Erb's palsy litigation procedure.
The Legal Process
Families file
erb's palsy lawyer Palsy lawsuits to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular case of your child and the extent of their injuries, but it could easily reach the thousands of dollars.
Many
Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and save your family from having to appear before jurors or judges. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must go to court. This can take a significant amount of time, but it could also result in a bigger settlement.
The brachial plexus is a group of nerves that control movement in the arm. A forceful pull on the neck, head, arms, or shoulders during labor and delivery -like when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families receive a fair financial settlement that helped their child's future.
Mediation or Arbitration
If your child suffered an injury to the brachial plexus during birth due to medical negligence, an Erb's palsy settlement can help pay for their care. This could include surgery, therapy, assistive devices and treatment.
Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital attorneys will most likely try to come to an agreement prior to the trial beginning.
If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and other physical evidence.
You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to the hearing or provide their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. Keep your witnesses' numbers and addresses on file in case you have to contact them as a future witness.
Complaints in the Court
Many children suffering from
Erb's Palsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.
Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and also determine whether the doctor who treated your child's care had a history of malpractice cases.
Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical documents, and so on. This is a crucial part of the legal process as it allows both sides to construct their arguments. It could take up to one year to settle a case.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are given a certain amount of time in which to respond to the lawsuit, and during this process of discovery both sides will gather additional evidence to prove their assertions.
Most lawsuits are settled out of court instead of going to trial due to the fact that it is more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case in court, they might decide to take it to a jury verdict. A successful verdict will provide families with a sense of justice and help spread awareness about how to prevent future birth injuries. If the verdict you receive is not favorable you can appeal. While this procedure can take longer however, it could also increase the amount of the compensation you receive.