Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial injury can bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled legal representation.
A successful lawsuit could grant your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's syndrome lawsuit procedure.
The Legal Process
The most popular reason families pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.
Many Erb's Palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from facing jurors or judges. However, if your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a larger settlement.
The brachial plexus is a group of nerves that control movement within the arm. The forceful pulling of the neck, head arms, or shoulders during labor and birth- such as when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.
Arbitration or Mediation
If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you pay for their care. This could include surgeries, therapy as well as assistive devices and treatment.
Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.
If you are unable to reach an agreement, the case will be referred to arbitration. A neutral third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence in the proceedings.
You will also require copies of all legal documents as well as witnesses to present at the hearing. You may either witness your witnesses attend the hearing or submit their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Keep the numbers of your witnesses and addresses in the file in case you need to call them as a future witness.
Complaints in the Court
Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a large percentage of children are not able to recover to a significant degree and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.
To determine the worth of your case your lawyer will collaborate with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.
If your lawyer has a good knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions, medical documents, and so on. This is a crucial part of your legal action since it allows both sides to present their case. Settlements can take as long as one year.
Settlement
If your lawsuit against Erb's Palsy is a success your lawyer could be able to secure compensation to pay for medical costs, future treatment costs and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who delivered your child. The defendants are given a specified amount of time to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to prove their assertions.
Most lawsuits are settled outside of court rather than going to trial because it's cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case to the verdict of a jury. A successful verdict can give families a sense justice and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable you may appeal. While erb's palsy law firm bellevue can take more time, it can also increase the amount of the amount you are awarded.
