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Legal action following your child's injury to the brachial plexus could aid you and your family to find closure. The process of litigation can be complex and requires an experienced lawyer.
A successful lawsuit may award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's-Palsy lawsuit procedure.
The Legal Process
Families file Erb's Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.
Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This could speed up the legal process dramatically and prevent your family from having a judge or jury decide their case. If your family is not able to reach an agreement on a settlement the family will have to appear in the court. This can take a significant amount of time, but can also result in a bigger amount.
The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and deliverylike when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. The injury is often preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on course.
Arbitration or Mediation
If your child suffered a brachial plexus injury in the womb due to medical negligence, an Erb's settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.
Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely seek a settlement before the trial begins.
If you're unable to reach a settlement the case will go to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.
You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses can attend the hearing in person, or you can submit their statements through video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are required to appear as a witness in the future.
Complaint in the Court
Many children with Erb's -Pallsy can overcome physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe their erb's palsy lawyer palsy in their child was due to negligence in the delivery process have the right to claim fair compensation for the injuries suffered by their child.
To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to come up with a lifetime 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 help you obtain copies of your child’s medical records, and look into whether the doctor who treated your child's treatment had a previous history of malpractice cases.
Once your lawyer understands the injuries suffered by your child then she will start a lawsuit against defendants. Both parties will undergo the discovery phase which includes exchanging evidence such as expert opinions, depositions medical records, and more. This is a vital part of your legal proceedings since it allows both sides to build their arguments. Settlements can take up to one year.
Settlement
If your Erb's palsy suit is successful, your lawyer could be able to secure compensation that covers medical expenses and future treatment costs which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.
Your lawyer will need to gather evidence to prove the error that caused your child's brachial-plexus injury that could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a certain amount of time to respond to the lawsuit, and during this discovery stage both sides will collect additional evidence to support their claims.
Most lawsuits settle out of court, rather than go to trial, as it's cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to take the case to an appeals court verdict. A successful verdict could give families a sense justice and help educate people about how to avoid any future birth injuries. If your verdict isn't favorable you can appeal. Although this process may take more time, it can also increase the amount of the amount you are awarded.
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