Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may aid you and your family members find closure. However, the litigation process is complex and requires skilled legal representation.
If you win your lawsuit, your family may receive compensation for the medical expenses of your child and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.
The Legal Process
Families file Erb's Psy lawsuits to obtain the cost of medical treatment and other expenses. The amount of money awarded in a settlement will depend on the particular case of your child and the severity of their injuries, but it could easily reach the millions of dollars.
Many of Erb's lawsuits involving palsy are settled 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 prevent your family from having a judge or jury decide their case. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but it could also result in a larger amount.
The brachial nerves control the movement of the arm. The forceful pulling of the head, neck, arms or shoulders during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past the 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 while in the womb because of medical negligence and suffered brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This could include surgeries, therapy as well as assistive devices and treatments.
Many lawsuits settle without court. erb's palsy law firm jackson lets plaintiffs receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial begins.
If you're unable to come to a deal the case will go to arbitration. This means that an impartial third party will listen to both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial but it is important to have witnesses present and physical evidence.
You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to witness your witnesses attend the hearing or give statements using video conferencing. 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 contact numbers on file in case they are called as witnesses in the future.
Complaint in the Court
Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair torn 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 fair compensation.
Your lawyer will collaborate with specialists in treating this condition to create an annual cost of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had a history of similar 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 though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it helps you build your arguments. Settlements can take up to one year.
Settlement
If your lawsuit against Erb's Palsy is a success, your lawyer might be able to obtain compensation to pay for medical costs, future treatment costs and adaptive devices along with physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.
Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that provided your child with. The defendants are then given a set time frame to respond. During this discovery phase, each side will gather evidence to prove its case.
Most lawsuits settle out of court instead of going to trial, as it's more cost-effective for all parties involved. If your attorney is convinced that they'll win the case in court and decides to try to get the jury for a verdict. A successful verdict can give families a sense justice and raise awareness about ways to avoid future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. While this process can take more time but it also increases the amount of compensation you receive.