Erb's Palsy Litigation
Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.
A successful lawsuit may award your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
Families file Erb's Psy lawsuits to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the extent of their injuries, but it can easily go into the millions of dollars.
Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers for both plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to go before a judge or jury. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. erb's palsy attorney lakewood can take a considerable amount of time, but can also result in a larger award.
The brachial complex is a collection of nerves that regulate movement within the arm. The forceful pulling of the head, neck, shoulders or arms during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been prevented. In the past the lawsuits have helped families obtain an affordable financial settlement and get their child's life back on the right track.
Arbitration or Mediation
If your child was injured by an injury to the brachial area during birth due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This could include therapy, treatment as well as assistive devices and procedures.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement prior to when the trial begins.
If you are unable agree to a settlement your case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.
You will also require copies of all legal documents as well as witnesses to be present at the hearing. You may either invite your witnesses to the hearing or give statements using video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. Also, keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them for witnesses in the future.
Complaints in the Court
Many children with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.
Your lawyer will collaborate with specialists in treating this condition to develop an estimated cost of living for life estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.
Once your lawyer has identified the injuries suffered by your child she will file a lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence, including expert opinions, depositions, medical documents, and so on. This is a crucial part of your legal case as it allows you to construct your arguments. Settlements can take up to one year.
Settlement
If your Erb's Palsy lawsuit is successful your lawyer could be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to respond. In this discovery phase the parties will gather evidence to support their claims.
Most lawsuits are settled out of court rather than go to trial, as it's cheaper for all parties involved. If your lawyer believes they will win in court, they might decide to pursue the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict you receive is not favorable you may appeal. This procedure could take longer, but it will increase the amount you are awarded.