Erb’s Palsy Litigation
Legal action following the brachial-plexus injury of your child could help you and your family find closure. The process of litigation can be complicated and requires a skilled lawyer.
A successful lawsuit may award your family members compensation for your child’s medical bills and any future treatment. Learn more about the erb’s palsy law firms palsy lawsuit process.
The Legal Process
Families file Erb’s Palsy lawsuits to seek compensation for erb’s palsy lawsuits medical costs and other expenses. The amount of money awarded in a settlement will depend on your child’s specific case and the extent of their injuries, but can easily soar into the millions of dollars.
Many cases involving Erb’s palsy settle out of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can shorten the legal process significantly and keep your family from having a judge or jury decide their case. If your family members cannot reach the terms of settlement, you’ll need to go to trial. This can also take a long time, but it could also result in a bigger award.
The brachial plexus is a set of nerves which control movement within the arm. A forceful pull on the neck, head shoulders or arms during labor and erb’s palsy Lawsuits delivery — such as when doctors use forceps or vacuum extractors in excess — can damage the nerves and cause Erb’s palsy. In many cases, this injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an equitable financial settlement and get their child’s life back on path.
Mediation or Arbitration
If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an erb’s palsy law firms palsy settlement can help pay for their care. This can include surgery, therapy as well as assistive devices and treatments.
Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital’s attorneys will likely try to reach a settlement prior to when the trial starts.
If you are not able to reach an agreement, 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 hearing is more informal than a court trial but it is essential to provide witnesses and physical evidence.
You will also need 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 submit their statements via video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Additionally, you must keep your witnesses’ addresses and telephone numbers on file in case they’re called as a witness in the future.
Complaints in Court
Many children who suffer from Erb’s Palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A large percentage of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe that their child’s Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.
To establish the value of your case your lawyer will collaborate with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child’s treatment had a previous medical malpractice case.
If your lawyer has a clear understanding of the injuries suffered by your child, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal proceedings because it allows both sides to construct their arguments. It could take up to an entire year before you can reach a settlement.
Settlement
If your Erb’s Palsy lawsuit is successful the lawyer may be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could receive damages due to emotional trauma or loss of quality of life.
Your lawyer must gather evidence to prove error that caused the brachial plexus injuries to your child that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will be given a specified amount of time to respond to the lawsuit. during the discovery phase each side will gather additional evidence to prove their assertions.
Most lawsuits are settled outside of court instead of going to trial, since it’s more cost-effective for the parties involved. However, if your attorney is confident that they will prevail in court, they could decide to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. However, if your verdict is not in your favor then you may appeal the decision. While this process can take longer, it can also increase the amount of the compensation you receive.