Erb’s Palsy Litigation
The legal process in the aftermath of your child’s brachial-plexus injury can bring you and your family closure. However, the litigation process is complex and requires expert legal representation.
A successful lawsuit could award your family members compensation for child’s medical bills and future treatment. Learn more about the Erb’s-Palsy lawsuit process.
The Legal Process
Families file Erb’s Palsy lawsuits to seek compensation for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child’s injuries as well as the specific case. It could easily reach millions of dollars.
Many Erb’s palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This could cut down the legal process considerably and spare your family from having a judge or jury decide the case. If your family is not able to come to a deal then you’ll need to go to the court. It can take a long time however, it could result in a higher amount.
The brachial complex is a collection of nerves which control movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors in excess — can damage these nerves and cause Erb’s palsy. This type of injury is usually prevented. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an affordable financial settlement that helped their child’s future.
Mediation or Arbitration
If your child was injured during the womb because of medical negligence and has suffered brachial palsy, anErb’s Palsy settlement could help you cover the cost of their treatment. This could include treatment, Erb’s Palsy Lawsuits therapy aids, assistive devices, as well as operations.
Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement prior to the trial beginning.
If you are not able to reach an agreement, the case will go to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.
You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses can attend the hearing in person or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement that they attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to contact them for a future witness.
A complaint to the court
Many children who suffer from Erb’s palsy can overcome their physical limitations with daily physical therapy. Some children require surgery to repair torn nerve fibers. A large number of children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe that their child’s Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.
Your lawyer will work with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you get copies of your child’s medical records, and also determine whether the doctor who gave you your child had a previous experience of malpractice.
If your lawyer has a thorough understanding of your child’s injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, additional medical documents and more. This is an important part of your legal case as it helps you build your arguments. It can take up to one year to settle a case.
Settlement
If your Erb’s Palsy lawsuit is successful, your lawyer might be able get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they’ll file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond to the suit, and during this discovery phase each side will gather additional evidence to back their claims.
Most lawsuits are settled outside of court, rather than going to trial because it is cost-effective for everyone involved. If your attorney is confident that they’ll win the case at trial it could be decided to go to the jury for a verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but can increase the amount you receive.