Vito Spaulding asked 3 months ago
Erb’s Palsy Litigation
Legal action after your child’s brachial-plexus injury may help you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.
A successful lawsuit may award your family members compensation for child’s medical bills and any future treatment. Learn more about the Erb’s palsy lawsuit process.
The Legal Process
The most popular reason for families to file an Erb’s palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child’s injuries as well as the specific situation. It could easily be millions of dollars.
Many Erb’s palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to face an attorney or a jury. If your family is not able to reach an agreement on a settlement, you will need to appear in the court. It can take a long time however, it could result in a higher award.
The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms or shoulders during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools in excess — can damage these nerves and cause Erb’s palsy. In many cases, this injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness about the birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child’s life back on the right track.
Arbitration or Mediation
If your child was injured during the womb by medical negligence and has suffered brachial palsy, anErb’s Settlement for palsy could help you to pay for their medical treatment. This could include surgeries, therapy as well as assistive devices and treatments.
Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial gets underway.
If you fail to reach an agreement, your case will be referred to arbitration. This means that an impartial third party will hear both sides and determine who wins the lawsuit. This hearing is more informal than a court case, but it is important to present witnesses and other physical evidence.
It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person or you can provide their statements through video conference. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement to be present at the hearing. You must also keep the names of witnesses’ telephone numbers and addresses on file, in case you need to contact them as an upcoming witness.
Complaint in the Court
Many children with Erb’s Palsy are able to overcome physical limitations by regular physical therapy. Some children require surgery to repair the torn nerve fibers. A large percentage of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe their child’s Erb’s palsy was due to medical negligence during the birth process are entitled to claim fair compensation for their child’s injuries.
To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to create a cost-of-living estimate. This is used to determine how much you are entitled to receive from the settlement you received for your Erb’s syndrome. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor involved in your child’s birth had previous malpractice cases.
If your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence, including expert opinions, depositions, additional medical records, and more. This is an important part of your legal defense because it allows you to develop your case. Settlements can take as long as one year.
Settlement
When your Erb’s palsy lawsuit is successful, your lawyer might be able to get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.
Your lawyer will have to gather evidence to prove the mistake that led to your child’s brachial-plexus injury which could include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are given a set amount of time to reply to the lawsuit, and during this process of discovery, both sides will gather additional evidence to prove their assertions.
Most lawsuits are settled outside of court rather than going to trial, because it’s more cost-effective for all parties involved. If your attorney is confident that they will win the case in court they may decide to go to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. If, however, your verdict is not in your favor it is possible to appeal the decision. While this process could take more time however, it could also increase the amount of compensation you receive.