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Legal action after the brachial-plexus injury of your child could help you and your family find closure. However, the litigation process is complex and requires skilled legal representation.
A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
The most common reason for families to bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries however, it can easily rise to the thousands of dollars.
Many of Erb's palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before an attorney or a jury. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a bigger settlement.
The brachial complex is a collection of nerves which control movement in the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of the birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to help their child's future.
Mediation or Arbitration
If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This could include therapy, surgery as well as assistive devices and treatments.
Many lawsuits settle out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial gets underway.
If you are not able to reach an agreement, your case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.
You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person, or you can present their testimony through video conference. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and phone numbers in case in case they are called as a witness in the future.
Complaint to the Court
Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair the torn nerve fibers. Many children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.
To establish the value of your case your lawyer will collaborate with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether the doctor who delivered your child's care had a medical malpractice case.
Once your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence such as expert opinions, depositions and medical documents and more. This is an essential part of your legal argument because it helps you build your case. It can take up one year to negotiate a settlement.
Settlement
When your erb's palsy law firm palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future treatment costs including adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.
Your lawyer will need evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a specific time frame to respond. In the discovery phase, each side will gather evidence to support its claims.
Most lawsuits settle out of court, instead of going to trial, since it's more cost-effective for the parties involved. If your attorney is confident that they'll win the case in court it could be decided to pursue it to a jury verdict. A successful verdict will bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. While this process could take more time but it also increases the amount of the compensation you receive.
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