Erb's Palsy Litigation
Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. The litigation process can be complicated and requires a skilled lawyer.
A successful lawsuit may award your family members compensation for your child's medical expenses and future treatment. Learn more about the Erb’s palsy litigation procedure.
erb's palsy attorneys hemet file Erb's Psy lawsuits to recover the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries but it could easily reach the thousands of dollars.
Many cases involving Erb's palsy are settled without court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process, and also prevent your family from having to face a judge or jury. If your family members are unable to agree on a settlement the family will have to go to court. This can also take a long time, but it can also potentially result in a higher amount.
The brachial complex is a collection of nerves which control movement in 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 cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past these lawsuits helped families secure an appropriate financial settlement to get their child's life back on track.
Arbitration or Mediation
If your child suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This may include therapy, treatment as well as assistive devices and procedures.
Many lawsuits settle outside of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial gets underway.
If you fail to reach an agreement, the case will be referred to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.
It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you need to contact them for a future witness.
Complaints in Court
Many children with Erb's -Pallsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. A significant number of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth process have the right to claim fair compensation for their child's injuries.
To determine the worth of your case Your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor involved in the birth of your child had previous malpractice cases.
Once your lawyer has a good 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 includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceeding as it allows both sides to develop their arguments. Settlements can last for up to one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer may be able get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has collected this evidence, they will start a lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In the discovery phase each side will gather evidence to support their claims.
Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they might decide to pursue the case all the way to a verdict by a jury. A successful verdict can give families a sense of justice and raise awareness about how to avoid any future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it can increase the amount you receive.