Erb's Palsy Litigation
In the aftermath of your child's brachial-plexus injury can help bring you and your family 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. Learn more about the Erb's palsy litigation procedure.
The Legal Process
The most common reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.
Many of the lawsuits involving Erb's Psy are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. erb's palsy lawyer jackson can drastically reduce the legal process and avoid your family from having to go before jurors or judges. If your family is not able to reach an agreement on a settlement then you'll need to appear in the court. This can take a lot of time, but could also result in a larger settlement.
The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders, or on the arms, can cause nerve damage, resulting in Erb's palsy. The injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past, these lawsuits helped families secure an appropriate financial settlement to help their child's future.
Arbitration or Mediation
If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help to pay for the treatment. This may include treatment, therapy, assistive devices, and surgeries.
Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement prior to the trial begins.
If you're not able to reach a settlement the case will be taken to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.
You will also require copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to the hearing or submit their statements using video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses' addresses and phone numbers in case in case they are called as witnesses in the future.
Complaint in Court
Many children who suffer from Erb's Palsy can overcome physical limitations with daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a large percentage of children do not recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb's syndrome was the result of negligence by a medical professional during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.
To determine the worth of your case Your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor responsible for the birth of your child had previous malpractice cases.
If your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case because it helps you build your case. It can take up an entire year to arrive at a settlement.
Settlement
If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set amount of time to reply. In this discovery phase each side will collect evidence to support its claims.
Most lawsuits are settled outside of court, rather than going to trial as it is cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial it could be decided to take it to a jury verdict. A successful verdict can give families a sense of justice and help spread awareness about how to prevent future birth injuries. If, however, your verdict is not favorable to you You can appeal the decision. This procedure could take longer, but it can increase the amount you are awarded.