Dessie Rosenberger asked 2 months ago
Erb’s Palsy Litigation
Legal action following your child’s brachial-plexus injury may help you and your family find closure. The process of litigation can be complicated and requires an experienced lawyer.
If you prevail in your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Find out more about the Erb’s palsy lawsuit process.
The Legal Process
Families file Erb’s Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child’s injuries and the particular case. It could easily be millions of dollars.
Many Erb’s palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can drastically cut down on the legal process and avoid your family from having to go before a judge or jury. If your family members cannot reach the terms of settlement, you’ll need to go to trial. This can take a lot of time, however it can also result in a larger award.
The brachial area is a group of nerves that control movement within the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders or on arms, could result in damage to these nerves and cause Erb’s palsy. This injury is often avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families secure an affordable financial settlement and help their child get back on path.
Mediation or Arbitration
If your child was injured during the womb by medical negligence, and suffered from brachial sprains, an erb’s palsy lawyers Settlement for palsy could help you pay for their care. This can include surgeries, therapy as well as assistive devices and treatment.
Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital’s attorneys are likely to attempt to reach an agreement prior to the trial begins.
If you are unable to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.
You will also require copies of all legal documents as well as witnesses to present at the hearing. You may either invite your witnesses to attend the hearing or provide their statements via videoconferencing. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and contact numbers on file in the event that they are needed as a witness in the future.
Complaints in the Court
Many children suffering from Erb’s syndrome can overcome physical limitations with intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. A large percentage of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe their child’s Erb’s syndrome was due to medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.
Your lawyer will collaborate with specialists in treating this condition to develop an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb’s settlement for palsy. Your lawyer will also help 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 identified the injuries suffered by your child and the child’s injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case because it helps you build your case. It can take up to an entire year before you can settle a case.
Settlement
If your lawsuit for Erb’s palsy is successful, your lawyer may be able to secure compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will collect evidence to support its claims.
Most lawsuits are settled out of court instead of going to trial, as it’s more cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they might decide to take the case all the way to an appeals court verdict. A successful verdict could bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If your verdict isn’t favorable, you can appeal. This could take a bit longer, but can raise the amount you receive.