Erb's Palsy Litigation
In the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.
If you are successful in your lawsuit, your family can be awarded compensation for the medical expenses of your child and future treatment. Find out 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 depends on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars.
Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can speed up the legal process considerably and prevent your family from having a jury or judge decide the case. If your family members are unable to come to a deal then you'll need to appear in court. This can take a considerable amount of time, but it could also result in a larger settlement.
The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders, or on the arms can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits helped families get an affordable settlement in order to ensure their child's future.
Arbitration or Mediation
If your child was injured while in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This could include treatment, therapy aids, assistive devices, as well as procedures.
Many lawsuits are settled outside of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will likely try to reach an agreement prior to the trial begins.
If you are unable come to a deal your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's important to present physical evidence and witnesses for the proceedings.
You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can choose to witness your witnesses attend the hearing or present their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. erb's palsy attorney elgin must also keep your witnesses' phone numbers and addresses on file in case you need to call them as an upcoming witness.
Complaints in the Court
Many children who suffer from Erb's syndrome can overcome physical limitations through regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. A large percentage of children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.
To determine the value of your case Your lawyer will work with doctors who are experts in treating these ailments to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and look into whether or not the doctor who performed surgery on your child's treatment had a previous experience of malpractice.
If your lawyer has a clear understanding of the child's injuries and the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case as it allows you to construct your arguments. Settlements can take up to one year.
Settlement
If your Erb's-Pallsy lawsuit is successful the lawyer may be able to obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.
Your lawyer must gather evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified period of time to respond. During this discovery phase the parties will gather evidence to support their claims.
Most lawsuits are settled outside of court rather than go to trial, as it's cost-effective for all parties involved. If your lawyer is confident that they'll win the case at trial and decides to go to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. However, if the verdict is not favorable to you, you can appeal the decision. This process may take longer, but it will increase the amount you are awarded.