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Erb's Palsy Litigation
Legal action following your child's brachial-plexus injury may help you and your family members find closure. However, the litigation process is complex and requires skilled legal representation.
If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure.
The Legal Process
The most frequent reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.
Many of Erb's palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could cut down the legal process by a significant amount and prevent your family from having a jury or judge decide the case. However, if your family members cannot reach an agreement, you'll have to go to trial. This can take a long time, but it can also potentially result in a higher amount.
The brachial area is a group of nerves that control movement in the arm. A forceful pull on the neck, head, arms, or shoulders during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on course.
Arbitration or Mediation
If your child was injured in the womb as a result of medical negligence and was later diagnosed with brachial palsy, an Erb's settlement for palsy can help pay for their care. This could include therapy, treatment, assistive devices, and procedures.
Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement before the trial begins.
If you're not able to agree to a settlement the case will be taken to arbitration. A neutral third party will consider both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence in the proceedings.
You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person or you can submit their statements via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. 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 the Court
Many children suffering from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. A significant number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.
To establish the value of your case Your lawyer will work with doctors who specialize in treating these ailments to create a 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 the medical records for your child and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.
If your lawyer has a clear understanding of the harms your child has suffered then she will start a lawsuit against defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case because it allows you to develop your case. It can take up to an entire year to settle a case.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.
Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. In this phase of discovery each side will gather evidence to prove its case.
Most lawsuits are settled outside of court instead of going to trial as it is cheaper for everyone involved. If erb's palsy lawyer lancaster believes that they can win in court, they might decide to take the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. This procedure could take longer, but it will increase the amount you are awarded.
