Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may help you and your family members find closure. The process of litigation can be complicated and requires a skilled lawyer.
A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Find out more about the Erb's Palsy lawsuit process.
The Legal Process
The most common reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries but it can easily go into the millions of dollars.
Many Erb's Palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to go before the jury or judge. However, if the family is unable to reach an agreement, you'll have to go to trial. This could take a long amount of time, however it can also result in a bigger settlement.
The brachial plexus is a set of nerves that regulate movement in the arm. A forceful pull on the neck, head arms, or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This injury is often prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been prevented. In the past these lawsuits helped families get an equitable financial settlement and help their child get back on track.
Mediation or Arbitration
If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for his or her treatment. This could include treatment, therapy devices, assistive devices, and operations.
Many lawsuits are settled outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial starts.
If you are unable come to a deal the case will go to arbitration. A neutral third party will consider 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 have witnesses present and physical evidence.
You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can choose to have your witnesses attend the hearing or present their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to attend the hearing. Also, keep your witnesses' phone numbers and addresses on file, in case you have to contact them for a future witness.
Complaint in the Court
Many children with Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a substantial proportion 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 the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.
To determine the worth of your case, your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had an history of similar malpractice cases.
If your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase which involves exchanging evidence, including expert opinions, depositions medical documents and more. This is a crucial part of your legal proceedings because it gives both sides the chance to present their case. It can take up a year to arrive at a settlement.
Settlement
If your lawsuit for Erb's palsy is successful, your lawyer could be able to secure compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.
Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals that have delivered your child. The defendants are given a certain period of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to back their claims.
erb's palsy attorneys hammond are settled outside of court, rather than going to trial due to the fact that it is cheaper for all parties involved. If your lawyer is confident that they'll win the case at trial and decides to try to get an appeal to a jury verdict. A successful verdict can give families a sense justice and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. Although this process may take more time however, it could also increase the amount of compensation you receive.