Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could help you and your family members find closure. The process of suing can be complicated and requires a skilled lawyer.
If you win your lawsuit, your family may receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit process.
The Legal Process
Families file lawsuits against Erb's palsy to recover reimbursement for medical expenses and other expenses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries however, it can easily rise to the thousands of dollars.
Many cases involving Erb's palsy are settled without court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process considerably and save your family from having a judge or jury decide on their case. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. It can take a long time but it could also result in a larger award.
The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and delivery- such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and cause Erb's palsy. This condition is usually preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on path.
Mediation or Arbitration
If your child was injured during the womb as a result of medical negligence and suffered brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This could include therapy, surgery, assistive devices and treatment.
Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely try to reach a settlement before the trial begins.
If you are not able to reach an agreement, the case will be taken to arbitration. This means that an impartial third party will hear both sides and determine who will win the lawsuit. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.
You will also need copies of all legal documents and witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements via videoconferencing. Subpoenas should 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 call them as witnesses in the future.
Complaint in the Court
Many children suffering from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a significant number of children do not recover in any significant way and must live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.
Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. erb's palsy lawsuit columbia can also assist you get copies of the medical records for your child and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.
Once 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 be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions, medical records, and more. This is a crucial part of your legal defense because it allows you to build your case. Settlements can take as long as one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future costs for treatment which include 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 require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. In the discovery phase each side will gather evidence to support their claims.
Most lawsuits settle out of court, instead of going to trial because it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case at trial, they might decide to pursue it to the jury for a verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. If your verdict isn't favorable, you can appeal. This process may take longer, but can increase the amount you receive.