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Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial plexus injury can help bring your family and you closure. The process of litigation can be complicated and requires a skilled lawyer.
A successful lawsuit could grant your family members compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy lawsuit procedure.
The Legal Process
Families file lawsuits against Erb's palsy to recover reimbursement for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.
Many of the Erb's Palsy lawsuits settle without court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This could speed up the legal process considerably and prevent your family from having a judge or jury decide the case. If, however, your family members are unable to agree on a settlement you will have to go to trial. This could take a long amount of time, but could also result in a larger settlement.
The brachial plexus is a group of nerves which control movement within the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders or on arms, could result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is preventable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about the birth injury that could have been avoided. In the past, these lawsuits helped families get an appropriate financial settlement to support their child's future.
Arbitration or Mediation
If your child was injured during the womb by medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include surgery, therapy as well as assistive devices and treatment.
Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to attempt to reach a settlement before the trial begins.
If you're not able to settle your dispute your case will be sent to arbitration. A neutral third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence in 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 may either witness your witnesses attend the hearing or give statements via videoconferencing. erb's palsy attorneys lafayette must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas in advance. Keep the numbers of your witnesses and addresses on file in case you have to contact them as witnesses in the future.
Complaints in the Court
Many children who suffer from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. A significant number of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe their child's Erb's syndrome was due to negligence by a medical professional during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.
To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your settlement for Erb's Palsy. 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 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. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it gives both sides the chance to construct their arguments. It could take up to one year to settle a case.
Settlement
If your Erb's palsy lawsuit is a success the lawyer may be able to secure compensation to pay for medical expenses including future treatment costs, adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer must collect evidence to prove the malpractice that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants will then be given a specified amount of time to respond to the suit, and during this discovery stage, both sides will gather additional evidence to prove their assertions.
Most lawsuits settle out of court, rather than going to trial, since it's cheaper for all parties involved. If your lawyer believes that they can win at trial, they may decide to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it will increase the amount you get.
