Erb's Palsy Litigation
Legal action following your child's brachial-plexus injury may aid you and your family members find closure. However, the process of litigation is complicated and requires experienced legal representation.
A successful lawsuit can award your family compensation for child's medical bills and future treatment. Learn more about the Erb's palsy litigation process.
The Legal Process
The most frequent reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries however, it can easily rise to the thousands of dollars.
Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can significantly speed up the legal process and save your family from facing an attorney or a jury. If your family is unable to agree on a settlement, you will need to appear in court. This can take a significant amount of time, but it could also result in a larger amount.
The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. The injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past these lawsuits helped families get a fair financial settlement and help their child get back on track.
Mediation or Arbitration
If your child was injured while in the womb due to medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help pay for their care. This could include treatment, therapy, assistive devices, and surgeries.
Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial starts.
If you are unable to reach an agreement, your case will go to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.
You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to present at the hearing in person or they can give their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. Keep your witnesses' numbers and addresses in the file in case you have to contact them for witnesses in the future.
Complaints in the Court
Many children suffering from Erb's palsy are able to overcome physical limitations by intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. However, a significant proportion of children do not recover to a significant degree and must live with the limitations of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was due to medical negligence during the birth process have the right seek fair compensation for their child's injuries.
To determine the value of your case your lawyer will collaborate with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records and determine whether or not the doctor who delivered your child had a previous record of malpractice cases.
If your lawyer has a clear understanding of the injuries of your child, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceeding because it allows both sides to build their arguments. It can take up to an entire year before you can arrive at a settlement.
Settlement
If your lawsuit for Erb's palsy is successful, your lawyer might be able to secure compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered this evidence, they'll make a claim against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a set amount of time in which to respond to the lawsuit. during this discovery stage, both sides will gather more evidence to support their claims.
Most lawsuits settle out of court, instead of going to trial, as it's cheaper for all parties involved. If your attorney is confident that they'll win the case at trial, they might decide to go to a jury verdict. A successful verdict can bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If erb's palsy lawsuit chandler is not favorable you can appeal. While this procedure can take longer, it can also increase the amount of compensation you receive.