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Legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.
A successful lawsuit could grant your family compensation for child's medical expenses and future treatment. Find out more about Erb's palsy lawsuit procedure.
The Legal Process
The most frequent reason for families to file an erb's palsy lawyer palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily amount to millions of dollars.
Many Erb's Palsy lawsuits are settled without court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process considerably and keep your family from having a judge or jury decide on their case. If your family members are unable to reach a settlement, you will need to go to court. This can also take a long time however, it could result in a higher amount.
The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders or on the arms could result in damage to these nerves and cause Erb's palsy. This type of injury is usually preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.
Mediation or Arbitration
If your child was injured in the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help pay for their treatment. This could include surgeries, therapy as well as assistive devices and [Redirect-302] treatments.
Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers are likely to try to reach a settlement prior to when the trial gets underway.
If you are unable agree to a settlement your case will be sent to arbitration. This means that an impartial third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence for the hearing.
You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements via video conference. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. You must also keep the numbers of your witnesses and addresses on file in case you have to contact them as an upcoming witness.
Complaints in Court
Many children suffering from Erb's palsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large percentage of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe their Erb's palsy law firms palsy in their child was the result of medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.
Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had prior experience with similar malpractice cases.
Once your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence like expert opinions, depositions medical documents, and so on. This is a crucial part of the legal process because it gives both sides the chance to build their arguments. It could take up to one year to arrive at a settlement.
Settlement
If your lawsuit against Erb's Palsy is successful, your lawyer might be able to obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a certain amount of time to reply. During this discovery phase the parties will gather evidence to prove its case.
Most lawsuits are settled outside of court rather than going to trial as it is cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case all the way to a jury verdict. A successful verdict could give families a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. Although this process may take more time but it also can increase the amount of the compensation you receive.
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