Why Erb's Palsy Settlement Is A Must At A Minimum, Once In Your Lifetime
Erb's Palsy Litigation
Legal action after your child's brachial-plexus injury may help you and your family members find closure. The litigation process can be complicated and requires an experienced lawyer.
A successful lawsuit could grant your family compensation for child's medical bills and future treatment. Learn more about the Erb's-Palsy lawsuit procedure.
The Legal Process
The most popular reason families pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the specific situation of your child and the extent of their injuries, but it can easily go into the millions of dollars.
Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can shorten the legal process dramatically and keep your family from having a judge or jury decide the case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a considerable amount of time, but could also result in a bigger settlement.
The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about the birth injury that could have been avoided. 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 was injured in the womb by medical negligence and suffered brachial palsy, anErb's settlement for palsy can help pay for their care. This may include treatment, therapy aids, assistive devices, as well as surgeries.
Many lawsuits settle without court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial starts.
If you fail to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence to the proceedings.
You will also need copies of all legal documents and witnesses to present at the hearing. You can choose to witness your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and phone numbers on file in case they're called to testify in the future.
Complaint in the Court
Many children who suffer from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large percentage of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the birth process have the right seek fair compensation for the injuries suffered by their child.
Your lawyer will collaborate with doctors that specialize in treating this condition to create the lifetime cost of living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child’s medical records, and look into whether or not the doctor who delivered your child's treatment had a previous record of malpractice cases.
Once your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence like expert opinions, depositions and medical documents and more. This is an essential part of your legal proceeding since it allows both sides to construct their arguments. Settlements can last for up to one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer might be able to secure compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer must gather evidence to prove negligence that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a set amount of time to reply to the suit, and during the discovery phase both sides will collect additional evidence to back their assertions.
Most lawsuits settle out of court instead of going to trial because it's cost-effective for all parties involved. If erb's palsy lawsuit sunnyvale is confident that they can win the case in court it could be decided to try to get the jury for a verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and help raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable, you can appeal. Although this process may take more time but it also increases the amount of the compensation you receive.