Ina Curtin asked 10 months ago
Erb’s Palsy Litigation
In the aftermath of your child’s brachial injury can help bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.
A successful lawsuit could award your family members compensation for your child’s medical bills as well as future treatment. Find out more about the Erb’s palsy lawsuit process.
The Legal Process
The most common reason families file an Erb’s palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.
Many Erb’s palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family members cannot reach a settlement you will have to go to trial. It can take a long time however, it could result in a higher amount.
The brachial plexus is a set of nerves that control movement within the arm. A forceful pull on the neck, head shoulders or arms during labor and delivery — such as when doctors use forceps or vacuum extractors excessively — can cause damage to the nerves and cause erb’s palsy lawyer palsy. This condition is usually preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness about this birth injury that could have been avoided. In the past these lawsuits helped families get an equitable financial settlement to support their child’s future.
Arbitration or Mediation
If your child was injured in the womb because of medical negligence, and suffered from brachial palsy, an Erb’s settlement for palsy can help cover the cost of their treatment. This may include therapy, treatment, assistive devices, and operations.
Many lawsuits settle without court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.
If you’re not able to come to a deal your case will be sent to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court case, however, it is crucial to have witnesses present and physical evidence.
You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements through video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep your witnesses’ phone numbers and addresses on file, in case you have to contact them as a future witness.
Complaint in Court
Many children who suffer from Erb’s palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. A large number of children will never recover and have to live with the consequences of this birth injury. Parents who believe their child’s Erb’s palsy was the result of negligence by a medical professional during the birth process have the right seek fair compensation for their child’s injuries.
To establish the value of your case the lawyer will work with doctors who are experts in treating these ailments to create a cost-of-living estimate. This is used to determine how much you’re entitled to from your Erb’s palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and also determine whether the doctor who treated your child’s treatment had a previous history of malpractice cases.
Once your lawyer has a thorough understanding of your child’s injuries then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence like expert opinions, depositions and medical records, and more. This is a vital part of the legal process because it gives both sides the chance to construct their arguments. It can take up to one year to settle a case.
Settlement
When your Erb’s palsy lawsuit is successful, your lawyer might be able get compensation for medical costs and future treatment costs which include 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 show that malpractice caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered this evidence, they’ll file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a specified period of time to respond. In this discovery phase the parties will gather evidence to prove its case.
Most lawsuits are settled out of court instead of going to trial because it is more cost-effective for everyone involved. If your attorney is confident that they will win the case in court it could be decided to go to a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and raise awareness and prevent these types of injuries from occurring in the future. If the verdict isn’t favorable you may appeal. While this process can take more time but it also can increase the amount of the amount you are awarded.