Erb's Palsy Litigation
The legal process in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The litigation process can be complicated and requires an experienced lawyer.
A successful lawsuit could award your family members compensation for your child's medical expenses and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.
The Legal Process
Families file lawsuits against Erb's palsy to get reimbursement for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.
Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process by a significant amount and keep your family from having a jury or judge decide on their case. If your family members are unable to agree on a settlement, you will need to appear in court. This could take a long amount of time, but can also result in a bigger settlement.
The brachial nerves control the movement of the arm. Forceful pulling on the neck, head, arms or shoulders during labor and delivery- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm the nerves and cause Erb's palsy. This injury is often prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement to help their child's future.
Mediation or Arbitration
If your child was injured while in the womb due to medical negligence and suffered brachial palsy, anErb's Palsy settlement could help you pay for their care. This may include treatment, therapy as well as assistive devices and operations.
Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys are likely to try to reach a settlement before the trial gets underway.
If you are unable to settle your dispute the case will be taken to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.
You will also need copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or present their statements through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in the event that they are needed as witnesses in the future.
Complaints in the Court
Many children who suffer from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. However, a large percentage of children don't recover to any measurable degree and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.
Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.
If your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of the legal process because it allows both sides to build their arguments. It can take up an entire year to settle a case.
Settlement
If your Erb's Palsy lawsuit is a success your lawyer could be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your attorney has gathered this evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a specified amount of time to reply to the lawsuit. during this discovery stage both sides will gather additional evidence to support their claims.
erb's palsy law firm hampton are settled out of court rather than going to trial because it is cost-effective for all parties involved. However, if your attorney is confident they can win in court, they might choose to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit can bring families a sense of justice and help raise awareness and prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you, you can appeal the decision. While this process can take more time, it can also increase the amount of compensation you receive.