Erb's Palsy Litigation
Taking legal action in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. However, the litigation process is complex and requires expert legal representation.
A successful lawsuit may award your family members compensation for your child's medical expenses and future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.
The Legal Process
The most common reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars.
Many of the Erb's Palsy lawsuits have been settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and keep your family from having a jury or judge decide on their case. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can take a lot of time, but it could also result in a bigger settlement.
The brachial plexus is a group of nerves that regulate movement in the arm. During labor and delivery, excessive forceful pulling of the neck, head, or shoulders, or on the arms, can damage these nerves, causing Erb's Palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past these lawsuits helped families secure an affordable financial settlement and get their child's life back on track.
Arbitration or Mediation
If your child suffered an injury to the brachial plexus during birth due to medical negligence, an Erb's Palsy settlement can help you to pay for the care. This could include surgery, therapy as well as assistive devices and treatment.
Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely seek a settlement prior to when the trial starts.
If you are unable to reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This hearing is more informal than a court trial but it is important to present witnesses and physical evidence.
You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them as witnesses in the future.
Complaints in Court
Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a substantial proportion of children don't recover to a significant degree and will be left 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 negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.
To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child's medical records, and also determine whether the doctor who performed surgery on your child's treatment had a previous medical malpractice case.
When your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions, medical documents, and so on. This is an important part of your legal defense because it allows you to construct your case. It can take up one year to negotiate a settlement.
erb's palsy lawsuit merced
If your lawsuit against Erb's Palsy is a success the lawyer may be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records as well as witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a set time frame to respond. In this phase of discovery each side will gather evidence to prove its case.
Most lawsuits are settled out of court instead of going to trial due to the fact that it is more cost-effective for all parties involved. If your attorney is confident that they'll win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it can increase the amount you receive.