Erb's Palsy Litigation
In the aftermath of your child's brachial plexus injury can bring your family and you closure. The litigation process can be complicated and requires an experienced lawyer.
A successful lawsuit may award your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation process.
The Legal Process
The most frequent reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.
Many Erb's Palsy lawsuits are settled without court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to go before the jury or judge. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a lot of time, but can also result in a bigger amount.
The brachial complex is a collection of nerves that control movement in the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families get an affordable financial settlement and get their child's life back on path.
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If your child was injured during the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This may include therapy, treatment as well as assistive devices and operations.
Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys are likely to try to reach a settlement before the trial starts.
If you're not able to agree to a settlement your case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.
You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses can present at the hearing in person, or you can present their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses on file, in case you have to contact them as an upcoming witness.
Complaints in Court
Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant number of children don't recover to any measurable degree and will be forced to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.
Your lawyer will work with doctors who specialize in treating this condition to develop the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether the doctor who treated your child's diagnosis had a prior record of malpractice cases.
Once your lawyer has identified the injuries suffered by your child then she will start a lawsuit against defendants. Both sides will be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions, additional medical documents and more. This is an essential part of your legal argument because it allows you to develop your arguments. Settlements can last for up to one year.
Settlement
If your lawsuit against Erb's Palsy is a success your lawyer might be able to secure compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.
Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a specified amount of time to reply to the lawsuit, and during this discovery stage, both sides will gather additional evidence to prove their assertions.
Most lawsuits settle out of court rather than go to trial, as it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case in court, they might decide to take it to the jury for a verdict. A successful verdict will provide families with a sense of justice and help spread awareness about how to prevent future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. While this process can take longer but it also increases the amount of the amount you are awarded.