Erb's Palsy Litigation
In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.
A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure.
The Legal Process
Families file Erb's Psy lawsuits to get compensation for medical costs and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.
Many cases involving Erb's palsy settle without court. The lawyers for both plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This could cut down the legal process by a significant amount and save your family from having a judge or jury decide on their case. If your family members cannot 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 plexus is a set of nerves which control movement within the arm. Forceful pulling on the neck, head, shoulders or arms during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many instances, the injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families get an affordable financial settlement and help their child get back on path.
Mediation or Arbitration
If your child was injured while in the womb due to medical negligence and suffered brachial palsy, an Erb's Palsy settlement can help you pay for their care. This can include therapy, surgery as well as assistive devices and treatments.
Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial starts.
If you are unable to reach an agreement, your case will be taken to arbitration. erb's palsy attorneys lake forest will hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.
Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can present their testimony through video conference. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Additionally, you should have their addresses and telephone numbers on file in case they are called as witnesses in the future.
A complaint to the court
Many children who suffer from Erb's syndrome can overcome their physical limitations by intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a large percentage of children do not recover in any way and will be left with the effects of this birth injury for the rest of their 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 a fair and reasonable amount of compensation.
To determine the worth of your case your lawyer will collaborate with doctors who are experts in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.
Once your lawyer understands the injuries of your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including 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 an entire year to arrive at a settlement.
Settlement
If your Erb's palsy lawsuit is a success, your lawyer might be able to obtain compensation to pay for medical costs including future treatment costs, adaptive devices along with physical therapy. You could receive damages due to emotional trauma or loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial area in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a certain amount of time to respond. In the discovery phase, each side will gather evidence to support its claims.
Most lawsuits are settled outside of court instead of going to trial, as it's cost-effective for all parties involved. If however, your attorney is confident they can win in court, they could choose to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness to prevent these types of injuries from happening again in the future. However, if your verdict is not favorable to you You can appeal the decision. This could take a bit longer, but it will raise the amount you receive.