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Erb's Palsy Litigation
Legal action after the brachial-plexus injury of your child could help you and your family members find closure. However, the litigation process is complex and requires expert legal representation.
If you are successful in your lawsuit, your family could receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.
The Legal Process
Families file Erb's Psy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.
Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from facing jurors or judges. However, if the family cannot agree on the terms of settlement, you'll need to go to trial. This can take a long time but it could also result in a larger award.
The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head shoulders or arms during labor and delivery -such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on path.
Mediation or Arbitration
If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This could include therapy, surgery as well as assistive devices and treatments.
Many lawsuits settle without court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.
If you are unable to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence in the hearing.
You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person, or you can submit their statements via video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. In addition, you must have their addresses and phone numbers in case in case they are called as witnesses in the future.
A complaint to the court
Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. A large number of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was the result of medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.
To determine the value of your case, your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.
Once your lawyer has identified the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both sides will 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 helps you build your arguments. Settlements can last for up to one year.
Settlement
If your Erb's palsy lawsuit is a success, your lawyer might be able to obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.
erb's palsy law firm athens will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are given a set amount of time in which to respond to the lawsuit. during this discovery stage both sides will collect more evidence to support their claims.
Most lawsuits are settled outside of court, rather than going to trial because it is cheaper for all parties involved. If your lawyer is confident they can win at trial, they may decide to take the case to an appeals court verdict. A successful verdict can give families a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. This process may take longer, but it will increase the amount you are awarded.
