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Taking legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.
A successful lawsuit can award your family members compensation for your child's medical bills and Erb's any future treatment. Learn more about the Erb's palsy lawsuit procedure.
The Legal Process
The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries but it could easily reach the millions of dollars.
Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This could cut down the legal process by a significant amount and save your family from having a jury or judge decide their case. If your family is unable to reach an agreement on a settlement the family will have to appear in court. This can take a long time, but it could also result in a higher award.
The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause erb's palsy law firm palsy. This type of injury is usually prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement to help their child's future.
Mediation or Arbitration
If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you pay for his or her treatment. This could include treatment, therapy devices, assistive devices, and procedures.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.
If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.
You will also need copies of all legal documents and witnesses to be present at the hearing. You can choose to invite your witnesses to the hearing or submit their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses in order they are aware of the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to contact them as a future witness.
Complaint in the Court
Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence by a medical professional during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.
To determine the worth of your case, your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and look into whether or not the doctor who delivered your child's care had a record of malpractice cases.
When your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal action since it allows both sides to develop their arguments. It can take up an entire year to settle a case.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will need to gather evidence to prove the error that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are then given a specific amount of time to reply. In this phase of discovery, each side will gather evidence to support its claims.
Most lawsuits are settled outside of court rather than going to trial since it is cost-effective for everyone involved. However, if your attorney is confident they can win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. If your verdict is not favorable, you can appeal. The process could take longer, but it could increase the amount you are awarded.
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