Erb's Palsy Litigation
The legal process in the aftermath of your child's brachial plexus injury can help bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.
A successful lawsuit could award your family 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 Erb's Psy lawsuits to obtain compensation for medical costs and other expenses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but can easily soar into the thousands of dollars.
Many Erb's Palsy lawsuits settle without court. The lawyers for both plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from facing an attorney or a jury. However, if your family cannot agree on a settlement you will have to go to trial. This could take a long time, but it can also potentially result in a bigger award.
The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and deliverylike when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. The injury is often prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on the right track.
Mediation or Arbitration
If your child was injured by an injury to the brachial area in the womb due to medical negligence, an Erb's settlement can help you pay for his or her treatment. This may include therapy, treatment aids, assistive devices, as well as procedures.
Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers are likely to seek an agreement before the trial gets underway.
If you're unable to agree to a settlement the case will go to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.
It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can witness your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. Also, keep your witnesses' numbers and addresses in the file in case you need to contact them as an upcoming witness.
Complaint in the Court
Many children suffering from Erb's syndrome can overcome their physical limitations by intensive daily physical therapy. Some children may require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.
To determine the worth of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had a history of similar malpractice cases.
Once your lawyer understands the injuries of your child she will start a lawsuit against defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case as it allows you to construct your case. Settlements can last up to one year.
Settlement
If your Erb's-Pallsy lawsuit is a success your lawyer could be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You may receive damages due to emotional trauma or loss of quality of living.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who provided your child with. The defendants are given a specific period of time to respond to the suit, and during the discovery phase, both sides will gather more evidence to support their assertions.
Most lawsuits settle out of court rather than go to trial, as it's cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to take the case all the way to a verdict by a jury. A successful verdict could bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. While erb's palsy law firm fishers can take more time but it also increases the amount of compensation you receive.