Erb's Palsy Litigation
Legal action in the aftermath of your child's plexus brachial injury can help bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.
A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit procedure.
The Legal Process
Families file Erb's-Palsy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the specific situation of your child and the severity of their injuries, but it could easily reach the thousands of dollars.
Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers for both plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to appear before jurors or judges. If your family is unable come to a deal the family will have to go to court. This can also take a long time, however, it could result in a higher amount.
The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries 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 receive a fair financial settlement to support their child's future.
Arbitration or Mediation
If your child was injured in the womb as a result of medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you pay for their treatment. This can include surgery, therapy as well as assistive devices and treatment.
Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial begins.
If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This hearing is more informal than a court case, but it is important to present witnesses and other physical evidence.
You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person or they can give their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. erb's palsy lawsuit colorado must also keep your witnesses' numbers and addresses in the file in case you have to contact them as witnesses in the future.
A complaint to the court
Many children who suffer from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair the torn nerve fibers. Many children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process are entitled to claim fair compensation for their child's injuries.
To determine the value of your case Your lawyer will work with doctors who are experts 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 under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child's diagnosis had a prior medical malpractice case.
Once your lawyer has identified the injuries suffered by your child, she will start a lawsuit against defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to build your arguments. It can take up to a year to arrive at a settlement.
Settlement
If your lawsuit against Erb's Palsy is a success your lawyer could be able to secure compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will have to gather evidence to prove the negligence that caused your child's brachial-plexus injury and may include medical records, witness statements and expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply. During this discovery phase, each side will gather evidence to support its claims.
Most lawsuits are settled out of court rather than go to trial, as it's more cost-effective for the parties involved. If your attorney is confident that they will win the case in court, they might decide to try to get the jury for a verdict. A successful verdict could give families a sense justice and help educate people about ways to avoid future birth injuries. If your verdict is not favorable you can appeal. This could take a bit longer, but can increase the amount you get.