Unexpected Business Strategies Helped Erb's Palsy Settlement Succeed
Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the litigation process is complex and requires skilled legal representation.
A successful lawsuit could award your family members compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy lawsuit process.
The Legal Process
Families file lawsuits against Erb's palsy to obtain compensation for medical costs and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily be millions of dollars.
Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could cut down the legal process considerably and prevent your family from having a jury or judge decide on their case. If your family members are unable to reach a settlement then you'll need to appear in the court. This could take a long amount of time, but it could also result in a larger award.
The brachial plexus is a set of nerves that control movement in the arm. A forceful pull on the neck, head shoulders or arms during labor and delivery- such as when doctors use forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury which could have been avoided. In the past these lawsuits helped families get an equitable financial settlement and get their child's life back on track.
Arbitration or Mediation
If your child was injured in the womb because of medical negligence and has suffered brachial palsy, an Erb's Palsy settlement could help you pay for their care. This may include therapy, treatment as well as assistive devices and surgeries.
Many lawsuits settle without court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial gets underway.
If you're unable to reach a settlement the case will be taken to arbitration. This means that an impartial third party will hear both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.
You will also need copies of all legal documents as well as witnesses to present at the hearing. You can have witnesses present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. Keep the numbers of your witnesses and addresses in the file in case you need to contact them for witnesses in the future.
Complaint in Court
Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. A large percentage of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth process are entitled to seek fair compensation for the injuries suffered by their child.
Your lawyer will work with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor involved in your child's birth had previous malpractice cases.
When your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process because it gives both sides the chance to build their arguments. It can take as long as an entire year before you can negotiate a settlement.
Settlement
If your Erb's palsy lawsuit is successful your lawyer could be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.
Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. During this discovery phase each side will gather evidence to support its claims.
erb's palsy attorney el monte are settled outside of court instead of going to trial because it is cheaper for everyone involved. If your lawyer is confident that they will prevail in court, they could decide to take the case to a jury verdict. A successful verdict could provide families with a sense of justice and raise awareness about how to prevent future birth injuries. However, if your verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but it could raise the amount you receive.