Erb's Palsy Litigation
Taking legal action in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer.
If you are successful in your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit process.
The Legal Process
The most popular reason families file 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 particular situation of your child as well as the severity of their injuries, however, it can easily rise to the thousands of dollars.
Many of the lawsuits involving Erb's Psy settle out of court. The lawyers representing both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide their case. However, if your family members are unable to agree on a settlement you will have to go to trial. This can take a lot of time, but can also result in a larger award.
The brachial plexus is a group of nerves which control movement in the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to the nerves and cause Erb's palsy. This injury is often preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable financial settlement to help their child's future.
Mediation or Arbitration
If your child was injured in the womb by medical negligence and has suffered brachial sprains, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include treatment, therapy as well as assistive devices and procedures.
Many lawsuits settle without court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial begins.
If you are unable reach a settlement, your case will proceed to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings.
You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. You must also keep your witnesses' phone numbers and addresses on file, in case you have to call them as witnesses in the future.
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Many children who suffer from Erb's palsy can overcome their physical limitations with daily physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant number of children will not recover in any significant way and will have to live with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.
To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child's treatment had a previous medical malpractice case.
If your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence, including expert opinions, depositions medical documents, and so on. This is an essential aspect of your legal case as it allows you to construct your arguments. Settlements can take as long as one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer must collect evidence to prove the mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a set period of time to respond. During this discovery phase, each side will gather evidence to prove its case.
Most lawsuits are settled outside of court instead of going to trial because it's cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial and decides to go to a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict isn't favorable you may appeal. This could take a bit longer, but it could increase the amount you are awarded.