Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may help you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.
A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Learn more about the Erb’s palsy litigation procedure.
The Legal Process
The most popular reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but can easily soar into the thousands of dollars.
Many cases involving Erb's palsy are settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This could cut down the legal process by a significant amount and prevent your family from having a jury or judge decide on their case. If your family is unable come to a deal, you will need to appear in court. This could take a long time, but it could also result in a higher award.
The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. In many instances, the injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past these lawsuits allowed families to obtain an equitable financial settlement and get their child's life back on track.
Mediation or Arbitration
If your child suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement could help you to pay for the care. This may include therapy, treatment, assistive devices, and procedures.
Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital attorneys will most likely attempt to reach an agreement prior to the trial beginning.
If you're not able to reach a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and physical evidence.
You will also need copies of all legal documents as well as witnesses to be present at the hearing. You can invite your witnesses to the hearing or submit their testimony via video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as witnesses in the future.
Complaint in the Court
Many children suffering from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair torn or separated nerve fibers. However, a significant number of children are not able to recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right to claim fair compensation for the injuries suffered by their child.
Your lawyer will collaborate with doctors who are experts in treating this condition to create an annual cost of living estimate. This is used to determine how much you are entitled to receive 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 had a previous record of malpractice cases.
When your lawyer has a thorough 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 though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings since it allows both sides to present their case. It can take up one year to reach a settlement.
Settlement
If your Erb's-Pallsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will need to gather evidence to prove mistake that led to the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. After erb's palsy attorney marietta has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during the discovery phase, both sides will gather additional evidence to back their claims.
Most lawsuits are settled out of court, rather than going to trial since it is cost-effective for all parties involved. If your lawyer is confident that they'll win the case in court, they might decide to try to get the jury. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable you may appeal. This procedure could take longer, but it can raise the amount you receive.