Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could aid you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation.
If you prevail in your lawsuit, your family may be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's-Palsy lawsuit procedure.
The Legal Process
Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.
Many of the Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to go before a judge or jury. If your family is not able to reach a settlement then you'll need to appear in the court. This could take a long amount of time, however it can also result in a larger amount.
The brachial complex is a collection of nerves which control movement within the arm. The forceful pulling of the neck, head, arms or shoulders during labor and delivery -like when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. The injury is often prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits helped families get an appropriate financial settlement to help their child's future.
Arbitration or Mediation
If your child was injured in the womb by medical negligence and suffered brachial palsy, anErb's settlement for palsy can help cover the cost of their treatment. This may include therapy, treatment, assistive devices, and operations.
Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court might overturn a decision made by jurors. Your lawyer and the hospital's lawyers are likely to try to reach an agreement before the trial begins.
If you cannot reach an agreement, your case will go to arbitration. erb's palsy law firm indio will listen to both sides and decide who will win the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence for the hearing.
You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or you can submit their statements through video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to call them as a future witness.
Complaints in Court
Many children suffering from Erb's palsy can overcome physical limitations with intense daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will be left with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.
Your lawyer will collaborate with doctors who are experts in treating this condition to create an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether the doctor who treated your child's care had a history of malpractice cases.
When your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is a vital part of your legal proceedings because it allows both sides to present their case. Settlements can last up to one year.
Settlement
If your Erb's palsy suit is successful, your lawyer might be able to obtain compensation to cover medical expenses and future costs for treatment including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will need to gather evidence to prove the error that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a set time frame to respond. In this phase of discovery each side will gather evidence to back up their claims.
Most lawsuits are settled out of court rather than going to trial since it is cost-effective for all parties involved. If however, your attorney is confident they can win in court, they might choose to take the case to the verdict of a jury. A successful verdict will provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. While this process could take more time, it can also increase the amount of the amount you are awarded.