Erb's Palsy Litigation
Legal action after your child's injury to the brachial plexus could aid you and your family find closure. However, the litigation process is complex and requires skilled legal representation.
A successful lawsuit could grant your family members compensation for child's medical bills and future treatment. Find out more about the Erb's syndrome lawsuit process.
The Legal Process
Families file Erb's Palsy lawsuits to get compensation for medical costs and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.
Many of the Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can speed up the legal process dramatically and spare your family from having a judge or jury decide their case. If your family members are unable to reach an agreement on a settlement, you will need to appear in court. This could take a long amount of time, but it could also result in a larger settlement.
The brachial nerves control the movement of the arm. When you are pregnant, excessive forceful pulling of the neck, head, shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families get an affordable financial settlement and get their child's life back on path.
Arbitration or Mediation
If your child was injured during the womb because of medical negligence, and suffered from brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This can include surgery, therapy as well as assistive devices and treatments.
Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement prior to when the trial gets underway.
If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.
You will also need copies of all legal documents and witnesses to present at the hearing. You can either witness your witnesses attend the hearing or submit their statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware the requirement to be present at the hearing. Also, keep your witnesses' numbers and addresses on file in case you need to contact them for an upcoming witness.
Complaints in the Court
Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. Many children are not able to recover and will have to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.
To determine the worth of your case the lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had a history of similar malpractice cases.
If your lawyer has a clear understanding of the child's injuries and the child's injuries, she will make a claim 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 because it allows both sides to develop their arguments. erb's palsy lawyer camden could take up to a year to negotiate a settlement.
Settlement
If your Erb's palsy lawsuit is a success the lawyer may be able to get compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as 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 your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that provided your child with. The defendants will then be given a certain amount of time to reply to the lawsuit. during this discovery phase both sides will collect additional evidence to back their claims.
Most lawsuits are settled outside of court instead of going to trial as it is cheaper for all parties involved. If your attorney is confident that they can win the case at trial and decides to go to the jury. A successful verdict will provide families with a sense of justice and help spread awareness about how to prevent future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. While this process can take longer, it can also increase the amount of the compensation you receive.