Erb's Palsy Litigation
Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.
A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's syndrome lawsuit 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 awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.
Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process significantly and keep your family from having a jury or judge decide on their case. If your family members are unable to reach a settlement, you will need to appear in the court. This could take a long time, but it could also result in a bigger award.
The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -for example, when doctors use forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement to help their child's future.
Mediation or Arbitration
If your child has suffered a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement can help pay for their care. erb's palsy lawyer mckinney could include surgery, therapy as well as assistive devices and treatment.
Many lawsuits are settled outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.
If you are unable to reach an agreement, the case will be sent to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.
You will also require copies of all legal documents and witnesses to be present at the hearing. You may either have your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas in advance. You must also keep the numbers of your witnesses and addresses in the file in case you have to contact them for an upcoming witness.
Complaints in Court
Many children with Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. A significant number of children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.
Your lawyer will collaborate with specialists in treating this condition to produce an estimated cost of living for life estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether or not the doctor who gave you your child's diagnosis had a prior history of malpractice cases.
Once your lawyer has identified the injuries suffered by your child then she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action as it allows both sides to present their case. It can take up an entire year before you can arrive at a settlement.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer might be able to secure compensation that covers medical expenses and future treatment costs which include 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 have to gather evidence to prove mistake that led to the brachial plexus injuries to your child that could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants are then given a set amount of time to respond. In this discovery phase the parties will gather evidence to prove its case.
Most lawsuits are settled out of court instead of going to trial, since it's cheaper for all parties involved. However, if your attorney is confident they can win in court, they might decide to take the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and raise awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable you can appeal. The process could take longer, but it will increase the amount you are awarded.