Beth Rinehart asked 7 months ago
Erb’s Palsy Litigation
Legal action following the injury to your child’s brachial plexus may aid you and your family find closure. However, the process of litigation is complicated and requires experienced legal representation.
If you are successful in your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit procedure.
The Legal Process
Families file Erb’s Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child’s injuries as well as the specific case. It could easily reach millions of dollars.
Many Erb’s palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This could speed up the legal process significantly and prevent your family from having a jury or judge decide the case. If your family members are unable to reach a settlement then you’ll need to go to court. It can take a long time but it can also potentially result in a bigger award.
The brachial plexus is a set of nerves which control movement within the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders, or on the arms, can result in damage to these nerves and cause Erb’s Palsy. This injury is often preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an equitable financial settlement to support their child’s future.
Arbitration or Mediation
If your child suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb’s palsy settlement can help pay for their treatment. This can include surgeries, therapy, assistive devices and treatment.
Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and hospital’s lawyers will most likely try to reach an agreement prior to the trial beginning.
If you’re unable to settle your dispute your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it’s crucial to present witnesses and evidence for the proceedings.
You will also need copies of all legal documents and witnesses to appear at the hearing. You can choose to have your witnesses attend the hearing or submit their testimony via video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Also, keep the numbers of your witnesses and addresses on file, in case you need to contact them as witnesses in the future.
A complaint to the court
Many children with Erb’s -Pallsy can overcome physical limitations through intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a large percentage of children will not recover in any way and will be left with the limitations of this birth injury for life. Parents who believe their child’s Erb’s syndrome was the result of negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.
Your lawyer will work with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your Erb’s palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, Erb’s Palsy Lawsuits and also determine whether the doctor who gave you your child’s diagnosis had a prior history of malpractice cases.
When your lawyer is aware of the injuries of your child then she will start a lawsuit against defendants. Both sides will undergo the discovery phase which includes exchanging evidence including expert opinions, depositions, medical documents and more. This is an important part of your legal case as it helps you build your case. It could take up to a year to negotiate a settlement.
Settlement
If your Erb’s palsy suit is successful, your lawyer could be able to secure compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.
Your lawyer will need to collect evidence to prove the malpractice that caused your child’s brachial plexus injury that could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specified amount of time to respond. In this discovery phase each side will gather evidence to back up their claims.
Most lawsuits are settled out of court rather than go to trial, as it’s more cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to take the case to an appeals court verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but it will raise the amount you receive.