Erb's Palsy Litigation
In the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.
A successful lawsuit may award your family members compensation for child's medical bills as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.
The Legal Process
Families file lawsuits against Erb's palsy to seek compensation for medical expenses and other expenses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.
Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide the case. If your family is unable to reach a settlement, you will need to appear in the court. This can take a lot of time, but can also result in a bigger award.
The brachial nerves control the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and deliveryfor example, when doctors use forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable financial settlement to support their child's future.
Arbitration or Mediation
If your child was injured during the womb due to medical negligence and has suffered brachial palsy, an Erb's Palsy settlement could help you pay for their care. This could include treatment, therapy as well as assistive devices and operations.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to seek an agreement prior to the trial begins.
If you are unable to reach a settlement the case will be taken to arbitration. This means that an impartial third party will listen to both sides and determine who will win the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.
You will also require copies of all legal documents as well as witnesses to be present at the hearing. You may either invite your witnesses to the hearing or submit their statements via videoconferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.
Complaints in Court
Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will have to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.
To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to create a cost-of-living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and look into whether the doctor who gave you your child's treatment had a previous medical malpractice case.
When erb's palsy lawsuit lewisville has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings because it gives both sides the chance to present their case. Settlements can last up to one year.
Settlement
If your Erb's palsy lawsuit is successful the lawyer may be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants will then be given a specified amount of time to reply. In this discovery phase each side will collect evidence to support their claims.
Most lawsuits settle out of court, instead of going to trial, because it's cheaper for all parties involved. If however, your attorney is confident they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict could provide families with a sense of justice and help educate people about ways to avoid future birth injuries. If your verdict is not favorable to you, you can appeal the decision. This procedure could take longer, but it could raise the amount you receive.