Erb’s Palsy Litigation
Legal action after your child’s brachial-plexus injury may aid you and your family get closure. The process of litigation is complicated and requires an experienced lawyer.
A successful lawsuit could award your family members compensation for child’s medical bills as well as future treatment. Read on to learn more about the Erb’s-Palsy lawsuit process.
The Legal Process
The most frequent reason families file an Erb’s palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars.
Many Erb’s palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before jurors or judges. If your family is unable to come to a deal then you’ll need to appear in the court. This can also take a long time, but it can also potentially result in a bigger award.
The brachial area is a group of nerves that control movement within the arm. Forcing the head, neck, shoulders or arms during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively — can harm these nerves and lead to Erb’s palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread the word about this birth injury that could have been prevented. In the past, these lawsuits have helped families secure an affordable financial settlement and get their child’s life back on path.
Arbitration or Mediation
If your child has suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb’s Palsy settlement can help pay for their care. This can include surgery, therapy aidive devices, and treatment.
Many lawsuits settle out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital’s attorneys will likely attempt to negotiate an agreement before the trial starts.
If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.
You will also require copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person, or you can present their testimony via video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses’ addresses and phone numbers in case in the event that they are needed as a witness in the future.
Complaints in Court
Many children who suffer from Erb’s Palsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant number of children don’t recover in any way and must live with the handicapping effects of this birth injury for life. Parents who believe their child’s Erb’s syndrome was the result of medical negligence during the birth process are entitled to seek an appropriate amount of compensation for their child’s injuries.
To determine the worth of your case Your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from the Erb’s palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed your child’s birth had previous malpractice cases.
Once your lawyer has a solid 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 go through the discovery phase which involves exchanging evidence such as expert opinions, depositions, additional medical documents, and so on. This is an essential part of your legal case as it allows you to build your case. Settlements can take as long as one year.
Settlement
When your Erb’s palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.
Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they’ll file the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a certain amount of time to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to support their assertions.