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Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. The process of suing can be complicated and requires a skilled lawyer.
A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.
The Legal Process
The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.
Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can shorten the legal process dramatically and save your family from having a jury or judge decide on their case. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a significant amount of time, but could also result in a bigger award.
The brachial complex is a collection of nerves that regulate movement within the arm. Forceful pulling on the neck, head arms or shoulders during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about this birth injury that could have been prevented. In the past these lawsuits helped families secure an equitable financial settlement that helped their child's future.
Arbitration or Mediation
If your child was injured while in the womb as a result of medical negligence and has suffered brachial palsy, anErb's Palsy settlement can help you cover the cost of their treatment. This could include treatment, therapy devices, assistive devices, and surgeries.
Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial begins.
If you are not able to reach an agreement, the case will go to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence in the hearing.
You will also require copies of all legal documents as well as witnesses to present at the hearing. You can either have your witnesses attend the hearing or give statements using video conferencing. Subpoenas must be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. In addition, you must keep your witnesses' addresses and contact numbers on file in the event that they are needed as a witness in the future.
Complaints in the Court
Many children who suffer from erb's palsy (go to this site) can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. However, a significant number of children will not recover to a significant degree and will be forced to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.
To determine the value of your case, your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you're entitled to from your erb's palsy lawyer palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who treated your child had a previous record of malpractice cases.
If your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case as it allows you to develop your arguments. Settlements can last up to one year.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical expenses and future costs for treatment including adaptive devices and Erb's Palsy physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.
Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that provided your child with. The defendants are given a specific amount of time to respond to the suit, and during this discovery stage both sides will gather additional evidence to support their assertions.
Most lawsuits are settled out of court rather than go to trial, since it's more cost-effective for the parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict can give families a sense justice and help spread awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. While this process can take longer however, it could also increase the amount of the compensation you receive.
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