Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may aid you and your family members find closure. The process of litigation is complicated and requires an experienced lawyer.
If you are successful in your lawsuit, your family may receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy litigation procedure.
The Legal Process
The most popular reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on your child's specific case and the severity of their injuries but it could easily reach the millions of dollars.
Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can speed up the legal process significantly and spare your family from having a jury or judge decide on their case. If your family is unable agree on a settlement the family will have to go to the court. This could take a long amount of time, but could also result in a bigger settlement.
The brachial area is a group of nerves that control movement within the arm. During labor and birth, excessive forceful pulling of the head, neck or shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits helped families secure an equitable financial settlement and get their child's life back on path.
Mediation or Arbitration
If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement could help you pay for his or her care. This could include treatment, therapy aids, assistive devices, as well as operations.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will likely try to reach an agreement prior to the trial gets underway.
If you fail to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.
You will also require copies of all legal documents and witnesses to be present at the hearing. You can either invite your witnesses to attend the hearing or submit their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. Additionally, you must have their addresses and phone numbers in case in case they're called as a witness in the future.
A complaint to the court
Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the birth process are entitled to claim fair compensation for their child's injuries.
Your lawyer will collaborate with specialists in treating this condition to produce an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor involved in your child's birth had prior experience with similar malpractice cases.
Once your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. erb's palsy lawsuit boulder includes 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 build your case. Settlements can last for up to one year.
Settlement
If your lawsuit for Erb's palsy is successful, your lawyer may be able to secure compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will need to collect evidence to prove the negligence that caused your child's brachial-plexus injury and may include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. In this phase of discovery each side will collect evidence to support their claims.
Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case at trial, they might decide to pursue it to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness and prevent these types of injuries from happening again in the future. If the verdict isn't favorable you can appeal. This procedure could take longer, but it will increase the amount you get.