Everything You Need To Learn About Erb's Palsy Settlement
Erb's Palsy Litigation
Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.
A successful lawsuit may award your family compensation for child's medical bills and future treatment. Learn more about the Erb's palsy litigation procedure.
The Legal Process
The most frequent reason for families to bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily reach millions of dollars.
Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This could speed up the legal process considerably and prevent your family from having a jury or judge decide their case. However, if the family is unable to reach a settlement you will have to go to trial. This can take a long time, however, it could result in a bigger award.
The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders or on arms, could result in damage to these nerves and cause Erb's Palsy. The injury is often avoidable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness about the birth injury that could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement to help their child's future.
Arbitration or Mediation
If your child was injured in the womb because of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and operations.
Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's attorneys are likely to attempt to reach a settlement before the trial begins.
If you are unable come to a deal your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence to 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 either have your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' phone numbers and addresses on file, in case you need to contact them as an upcoming witness.
A complaint to the court
Many children suffering from Erb's syndrome can overcome their physical limitations with intense physical therapy every day. Some children require surgery to repair the torn nerve fibers. A large number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.
Your lawyer will collaborate with doctors who are experts in treating this condition to create the lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.
Once your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence such as expert opinions, depositions, medical records, and more. This is a crucial part of your legal action because it allows both sides to build their arguments. erb's palsy law firm green bay can take as long as one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover medical costs and future treatment costs, 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 need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In the discovery phase the parties will gather evidence to support their claims.
Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for the parties involved. If your attorney is confident that they'll win the case at trial it could be decided to pursue it to a jury verdict. A successful verdict will provide families with a sense of justice and help educate people about how to prevent future birth injuries. However, if your verdict is not favorable to you, you can appeal the decision. The process could take longer, but it could increase the amount you are awarded.