The History Of Erb's Palsy Settlement
Erb's Palsy Litigation
Legal action after your child's brachial-plexus injury may help you and your family find closure. The process of litigation can be complex and requires an experienced lawyer.
A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy litigation procedure.
The Legal Process
The most popular reason for families to bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. 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 it could easily reach the thousands of dollars.
Many Erb's Palsy lawsuits have been settled without court. The lawyers for both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This could speed up the legal process by a significant amount and prevent your family from having a jury or judge decide their case. If your family is unable come to a deal then you'll need to go to court. It can take a long time, however, it could result in a larger award.
The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families receive a fair financial settlement to support their child's future.
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If your child was injured in the womb by medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement can help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatments.
Many lawsuits are settled out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will likely try to reach an agreement before the trial gets underway.
If you cannot reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.
Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or submit their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have their addresses and phone numbers in case in case they are called as a witness in the future.
Complaint in Court
Many children who suffer from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a significant proportion of children will not recover to a significant degree and will have to live with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.
To establish the value of your case the lawyer will work with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had a history of similar malpractice cases.
Once your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence such as expert opinions, depositions medical documents, and so on. This is an essential part of your legal proceedings as it allows both sides to construct their arguments. It could take up to a year to negotiate a settlement.
Settlement
If your Erb's-Pallsy lawsuit is a success your lawyer might be able obtain compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.
Your lawyer must gather evidence to prove the error that caused the brachial plexus injuries to your child, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll make a claim against the defendants, which are typically the medical professionals who delivered your child. The defendants are given a specific period of time to respond to the suit, and during this discovery stage both sides will gather additional evidence to back their assertions.
Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for everyone involved. If your lawyer believes they will win in court, they might decide to take the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If your verdict is not favorable you may appeal. This procedure could take longer, but can increase the amount you are awarded.