Erb's Palsy Litigation
In the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.
A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy litigation process.
erb's palsy law firm kansas pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on your child's specific case and the extent of their injuries, however, it can easily rise to the thousands of dollars.
Many of the Erb's Palsy lawsuits settle without court. The lawyers for both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can speed up the legal process by a significant amount and keep your family from having a jury or judge decide on their case. If, however, your family is unable to reach a settlement you will have to go to trial. It can take a long time but it can also potentially result in a higher award.
The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders, or on arms, could damage these nerves, causing Erb's Palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families secure a fair financial settlement to support their child's future.
Arbitration or Mediation
If your child was injured in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This may include therapy, treatment, assistive devices, and operations.
Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial begins.
If you're unable to settle your dispute, your case will proceed to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.
You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to attend the hearing or provide their statements through video conferencing. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Keep your witnesses' numbers and addresses on file in case you need to call them as a future witness.
A complaint to the court
Many children who suffer from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A significant number 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 palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.
Your lawyer will work with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.
If your lawyer has a clear understanding of the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase that involves exchanging evidence, including expert opinions, depositions and medical records and more. This is a crucial part of your legal action since it allows both sides to present their case. It can take as long as an entire year to settle a case.
Settlement
If your lawsuit against Erb's Palsy is successful the lawyer may be able obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. In the discovery phase, each side will gather evidence to prove its case.
Most lawsuits settle out of court instead of going to trial because it's more cost-effective for all parties involved. However, if your attorney believes that they can win in court, they could decide to pursue the case to a jury verdict. A successful verdict could provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict isn't favorable, you can appeal. While this procedure can take more time but it also increases the amount of compensation you receive.