Erb's Palsy Litigation
Taking legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of suing can be complicated and requires an experienced lawyer.
If you prevail in your lawsuit, your family may be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about Erb's palsy litigation process.
The Legal Process
The most frequent reason for families to 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 contingent upon the specific situation of your child and the extent of their injuries, however, it can easily rise to the thousands of dollars.
Many of Erb's palsy lawsuits have been settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This could cut down the legal process significantly and keep your family from having a judge or jury decide the case. If your family is unable to come to a deal, you will need to go to the court. This could take a long time, but it could also result in a larger award.
The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families secure an appropriate financial settlement to help their child get back on course.
Arbitration or Mediation
If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement could help you pay for their care. This may include treatment, therapy, assistive devices, and operations.
Many lawsuits settle out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely try to reach an agreement before the trial gets underway.
If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.
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 present their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them for witnesses in the future.
Complaint to the Court
Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A large number of children are not able to recover and will have to live their lives with the consequences 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 collaborate with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether the doctor who delivered your child's diagnosis had a prior experience of malpractice.
Once your lawyer has identified the injuries suffered by your child then she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal defense because it helps you build your case. It can take as long as an entire year to arrive at a settlement.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer might be able get compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. erb's palsy attorney kentucky could also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will have to gather evidence to prove the mistake that led to the brachial plexus injury to your child, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a set amount of time to reply. In the discovery phase, each side will gather evidence to back up their claims.
Most lawsuits settle out of court rather than going to trial, because it's cost-effective for all parties involved. If your attorney is convinced that they can win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness and prevent these types of injuries from happening in the future. However, if the verdict is not in your favor, you can appeal the decision. The process could take longer, but it could increase the amount you are awarded.