Erb's Palsy Litigation
Legal action after the brachial-plexus injury of your child could aid you and your family to find closure. However, the litigation process is complex and requires skilled legal representation.
If you are successful in 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 frequent reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily be millions of dollars.
Many Erb's Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process and prevent your family from having to go before the jury or judge. If your family is unable to reach a settlement and you are unable to reach a settlement, you must go to the court. This can take a lot of time, but can also result in a larger settlement.
The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders or on the arms, can cause nerve damage, resulting in Erb's palsy. In many cases, this injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.
Mediation or Arbitration
If your child was injured in the womb by medical negligence, and suffered from brachial palsy, anErb's Palsy settlement can help you to pay for their medical treatment. This can include surgeries, therapy aidive devices, and treatment.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to seek an agreement before the trial starts.
If erb's palsy attorney corpus christi fail to reach an agreement, your case will be referred to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.
You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses can present at the hearing in person or they can give their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement that they attend the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in case they're called as witnesses in the future.
Complaint to the Court
Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some children may require surgery to repair the torn nerve fibers. A large number of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.
Your lawyer will collaborate with doctors that specialize in treating this condition to create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had previous malpractice cases.
Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal action as it allows both sides to develop their arguments. It can take up one year to negotiate a settlement.
Settlement
If your Erb's palsy suit is successful, your lawyer could be able to secure compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specific amount of time in which to respond to the suit, and during the discovery phase both sides will gather additional evidence to prove their assertions.
Most lawsuits are settled out of court instead of going to trial because it is cost-effective for everyone involved. If your attorney is confident that they'll win the case in court it could be decided to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict isn't favorable, you can appeal. While this procedure can take longer but it also increases the amount of compensation you receive.