Erb's Palsy Litigation
Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. The process of litigation can be 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 procedure.
The Legal Process
The most common reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the specific situation of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.
Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers for both the plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before a judge or jury. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but could also result in a bigger settlement.
The brachial plexus is a group of nerves that control movement within the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders, or on the arms could damage these nerves, causing Erb's palsy. This condition is usually preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families receive an equitable financial settlement to help their child's future.
Mediation or Arbitration
If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the care. This could include therapy, treatment devices, assistive devices, and procedures.
Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement prior to the trial beginning.
If you're unable to come to a deal the case will be taken to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence to the hearing.
You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony through video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you need to call them as a future witness.
Complaint in the Court
Many children suffering from Erb's syndrome can overcome their physical limitations by intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's syndrome was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.
Your lawyer will work with doctors who are experts in treating this condition. They will create a lifetime cost of living estimate. erb's palsy law firm lake forest will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether the doctor who treated your child's diagnosis had a prior experience of malpractice.
Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process as it allows both sides to present their case. Settlements can take up to one year.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer will have to collect evidence to prove the error that caused your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specified period of time to respond. During this discovery phase each side will collect evidence to prove its case.
Most lawsuits settle out of court instead of going to trial, because it's cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening in the future. However, if your verdict is not in your favor it is possible to appeal the decision. Although this process may take more time, it can also increase the amount of compensation you receive.