Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may aid you and your family find closure. The process of litigation can be complicated and requires a skilled lawyer.
If you prevail in your lawsuit, your family could be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's syndrome lawsuit process.
The Legal Process
Families file Erb's-Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the severity of their injuries, but it could easily reach the millions of dollars.
Many of the Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process significantly and save your family from having a judge or jury decide their case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must go to the court. This can take a long time but it could also result in a higher award.
The brachial complex is a collection of nerves which control movement within the arm. During labor and delivery excessive forceful pulling of the neck, head or shoulders or on the arms could cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on track.
Arbitration or Mediation
If your child was injured by an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.
Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will most likely try to come to an agreement prior to the trial beginning.
If you are unable come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.
It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person or you can present their testimony through video conference. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep the numbers of your witnesses and addresses on file, in case you need to call them as an upcoming witness.
Complaints in the Court
Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. Many children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.
Your lawyer will collaborate with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This is used to determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether the doctor who gave you your child's treatment had a previous record of malpractice cases.
Once your lawyer understands the injuries of your child then she will start a lawsuit against defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to develop your arguments. Settlements can last up to one year.
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If your Erb's palsy lawsuit is successful the lawyer may be able to obtain compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will need to gather evidence to prove the negligence that caused your child's brachial-plexus injury which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a set amount of time to respond to the lawsuit, and during this discovery stage both sides will collect additional evidence to support their claims.
Most lawsuits are settled out of court, rather than going to trial since it is cost-effective for everyone involved. If however, your attorney is confident that they will prevail in court, they might decide to pursue the case all the way to an appeals court verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable you may appeal. While this procedure can take longer but it also can increase the amount of compensation you receive.