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Legal action following the brachial-plexus injury of your child could help you and your family to find closure. However, the litigation process is a bit complicated and requires skilled legal representation.
If you prevail in your lawsuit, your family could be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the erb's palsy lawyers palsy litigation process.
The Legal Process
The most frequent reason families bring an erb's palsy attorneys palsy suit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular case of your child and the severity of their injuries but can easily soar into the millions of dollars.
Many of Erb's palsy lawsuits have been settled outside of court. The lawyers for both the plaintiff and attorneys the defendant will work together to find a settlement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to appear before a judge or jury. If, however, your family members cannot reach an agreement, you'll have to go to trial. This could take a long time, but it can also potentially result in a bigger award.
The brachial area is a group of nerves which control movement in the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders, or on arms, could cause damage to these nerves, leading to Erb's Palsy. This condition is usually prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement to support their child's future.
Mediation or Arbitration
If your child sustained an injury to the brachial plexus during birth due to medical negligence, an Erb's settlement could help you pay for his or her care. This can include surgeries, therapy, assistive devices and treatment.
Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely seek an agreement before the trial starts.
If you're unable to come to a deal your case will be sent to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence in the proceedings.
You also need to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to attend the hearing or give statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware the requirement to attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them for witnesses in the future.
A complaint to the court
Many children suffering from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice 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 ailments to develop a life-long cost-of-living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor who was involved in the birth of your child had previous malpractice cases.
If your lawyer has a clear understanding of the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings because it gives both sides the chance to construct their arguments. It can take up to an entire year to settle a case.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will have to gather evidence to prove malpractice that caused your child's brachial plexus injury which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set amount of time to reply. In this discovery phase, each side will gather evidence to support their claims.
Most lawsuits settle out of court rather than go to trial, because it's cheaper for all parties involved. If however, your attorney is confident that they will prevail in court, they might decide to take the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness and prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. Although this process may take more time but it also can increase the amount of the amount you are awarded.
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