Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could help you and your family find closure. However, the process of litigation is complex and requires expert legal representation.
If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
The most popular reason families bring an Erb's palsy suit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries, but it could easily reach the millions of dollars.
Many of Erb's palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and save your family from having a jury or judge decide the case. However, if the family is unable to reach an agreement, you'll have to go to trial. This could take a long time however, it could result in a larger award.
The brachial complex is a collection of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders or on the arms, can damage these nerves, causing Erb's Palsy. This type of injury is usually avoidable. erb's palsy lawsuit lansing file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement to help their child's future.
Mediation or Arbitration
If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help you pay for his or her treatment. This could include therapy, surgery as well as assistive devices and treatment.
Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will probably try to reach an agreement before the trial starts.
If you're unable to agree to a settlement, your case will proceed 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, but it is essential to have witnesses present and physical evidence.
You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person, or you can submit their statements through video conference. Subpoenas must be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. In addition, you must have their addresses and phone numbers in case in case they are called as a witness in the future.
Complaint in the Court
Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. A large number of children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.
To determine the value of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This is used to 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 look into whether or not the doctor who delivered your child had a previous experience of malpractice.
When your lawyer has a clear understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions medical documents, and so on. This is an important part of your legal case because it helps you build your arguments. It can take up to one year to reach a settlement.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You may 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 error that caused your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are given a specific period of time to respond to the suit, and during this process of discovery, both sides will gather additional evidence to support their claims.
Most lawsuits are settled outside of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. However, if your attorney is confident they can win in court, they might decide to pursue the case all the way to a verdict by a jury. A successful verdict could provide families with a sense of justice and help educate people about how to prevent future birth injuries. If the verdict you receive is not favorable you may appeal. Although this process may take more time but it also increases the amount of the amount you are awarded.