Erb's Palsy Litigation
Legal action after your child's injury to the brachial plexus could help you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation.
A successful lawsuit could award your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
Families file Erb's-Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the severity of their injuries but it can easily go into the millions of dollars.
Many erb's palsy law firms Palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can shorten the legal process dramatically and keep your family from having a jury or judge decide their case. If your family is unable agree on a settlement the family will have to go to court. This could take a long time however, it could result in a larger award.
The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders or on the arms can result in damage to these nerves and cause Erb's palsy. This condition is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families secure an equitable financial settlement and help their child get back on course.
Mediation or Arbitration
If your child was injured during the womb due to medical negligence and has suffered brachial paralysis, an Erb's settlement for palsy can help pay for their care. This may include treatment, therapy devices, assistive devices, and procedures.
Many lawsuits settle without court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial gets underway.
If you're unable to reach a settlement the case will go to arbitration. This means that an impartial third party will take in both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.
You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements via video conference. Subpoenas need to be sent in advance to all witnesses to ensure they are aware the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and phone numbers in case in the event that they are needed to testify in the future.
Complaint in the Court
Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. A large number of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.
To determine the value of your case, your lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your erb's palsy law firm palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child had a previous medical malpractice case.
Once your lawyer has identified the injuries of your child and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical records, and more. This is a crucial part of your legal defense because it allows you to construct your case. It can take up to one year to settle a case.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury and may include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that have delivered 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 their claims.
Most lawsuits settle out of court instead of going to trial, because it's cost-effective for all parties involved. If your lawyer believes they will win at trial, they may choose to take the case to a verdict by a jury. A successful verdict will provide families with a sense of justice and help educate people about ways to avoid future birth injuries. However, if the verdict is not favorable to you, you can appeal the decision. The process could take longer, but it can increase the amount you get.