erb’s palsy attorney Palsy Litigation
Legal action after your child’s injury to the brachial plexus could aid you and your family members find closure. However, the process of litigation is complex and requires expert legal representation.
A successful lawsuit can award your family compensation for child’s medical expenses and future treatment. Learn more about the Erb’s palsy lawsuit process.
The Legal Process
Families file erb’s palsy lawyers palsy lawsuits (in the know) to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.
Many Erb’s palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to face the jury or judge. If your family members are unable to reach an agreement on a settlement, you will need to go to court. This can take a considerable amount of time, but it could also result in a larger award.
The brachial plexus is a set of nerves which control movement in the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders, or on the arms could cause damage to these nerves, leading to Erb’s Palsy. This condition is usually avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families receive an equitable settlement in order to ensure their child’s future.
Mediation or Arbitration
If your child sustained a brachial plexus injury during birth due to medical negligence, an Erb’s settlement can help pay for their care. This may include therapy, treatment devices, assistive devices, and procedures.
Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and hospital’s attorneys will likely try to come to an agreement before the trial begins.
If you are unable come to a deal the case will go to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.
You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either have your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to attend the hearing. Additionally, you must keep your witnesses’ addresses and phone numbers in case in case they are required to appear to testify in the future.
A complaint to the court
Many children suffering from Erb’s Palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a significant number of children will not recover in any way and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child’s Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.
Your lawyer will work with doctors who are experts in treating this condition to produce an estimated cost of living for life estimate. This helps determine how much you’re entitled to from your settlement for Erb’s Palsy. Your lawyer can also help you obtain copies of your child’s medical records and investigate whether the doctor who performed your child’s birth had prior experience with similar malpractice cases.
When your lawyer has a solid understanding of your child’s injuries, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical records and more. This is a crucial aspect of your legal proceeding since it allows both sides to build their arguments. It can take up a year to arrive at a settlement.
Settlement
When your Erb’s palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future costs for treatment which include 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 have to gather evidence to prove mistake that led to your child’s brachial plexus injury and may include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they’ll file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will be given a specified amount of time in which to respond to the suit, and during the discovery phase, both sides will gather more evidence to support their claims.
Most lawsuits are settled outside of court instead of going to trial, as it’s more cost-effective for all parties involved. However, if your attorney is confident they can win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice, and also help to raise awareness and prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. While this procedure can take longer but it also can increase the amount of the amount you are awarded.
