Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could aid you and your family to find closure. The process of litigation is complicated and requires an experienced lawyer.
If you win your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit process.
The Legal Process
The most popular reason for families to start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. erb's palsy lawsuit augusta could easily reach millions of dollars.
Many of the Erb's Palsy lawsuits are settled without court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can speed up the legal process dramatically and prevent your family from having a jury or judge decide on their case. However, if your family members cannot reach a settlement you will have to go to trial. It can take a long time however, it could result in a higher amount.
The brachial complex is a collection of nerves which control movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders, or on the arms can result in damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread awareness of this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course.
Mediation or Arbitration
If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you to pay for their medical treatment. This could include therapy, surgery as well as assistive devices and treatment.
Many lawsuits settle without court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.
If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence to the proceedings.
It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to present at the hearing in person or you can present their testimony through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Keep your witnesses' phone numbers and addresses on file, in case you have to call them as a future witness.
Complaint in the Court
Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a large percentage of children are not able to recover in any significant way and will be left with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.
Your lawyer will collaborate with specialists in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor involved in your child's birth had a history of similar malpractice cases.
If your lawyer has a clear understanding of the injuries of your child then she will file a lawsuit against the defendants. Both sides will go through the discovery phase which involves exchanging evidence including expert opinions, depositions medical records and more. This is a vital part of your legal proceedings because it allows both sides to build their arguments. Settlements can last for up to one year.
Settlement
If your Erb's palsy lawsuit is successful your lawyer could be able to get compensation to pay for medical costs, future treatment costs and adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.
Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will gather evidence to back up their claims.
Most lawsuits are settled out of court rather than going to trial, because it's cost-effective for all parties involved. If however, your attorney believes that they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict can give families a sense of justice and increase awareness of ways to avoid future birth injuries. If the verdict isn't favorable, you can appeal. Although this process may take more time however, it could also increase the amount of compensation you receive.