Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could aid you and your family find closure. However, the litigation process is complicated and requires experienced 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 Erb's-Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, however, it can easily rise to the millions of dollars.
Many of Erb's lawsuits involving palsy are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly shorten the legal process and save your family from having to go before the jury or judge. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, however it can also result in a bigger amount.
The brachial nerves control the movement of the arm. Forcing the neck, head arms, or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many instances, the injury is preventable. erb's palsy lawsuit colorado file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on track.
Mediation or Arbitration
If your child was injured during the womb as a result of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you to pay for their medical treatment. This could include surgeries, therapy, assistive devices and treatment.
Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial gets underway.
If you're unable to settle your dispute your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who will win the case. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.
You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to present at the hearing in person, or you can provide their statements via video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware the requirement to be present at the hearing. Also, keep your witnesses' numbers and addresses on file, in case you have to contact them for an upcoming witness.
Complaints in Court
Many children who suffer from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or separated nerve fibers. A large percentage of children do not recover and are forced 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 birth process are entitled to fair compensation.
To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to come up with a lifetime 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 can also assist you obtain copies of your child's medical records and investigate whether the doctor who performed your child's birth had a history of similar malpractice cases.
If your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence like expert opinions, depositions, medical records and more. This is a crucial part of your legal case because it allows you to construct your arguments. It can take up to a year to settle a case.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer might be able to secure compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants will then be given a specified amount of time to respond to the lawsuit, and during this discovery stage each side will gather more evidence to support their claims.
Most lawsuits are settled outside of court instead of going to trial because it is cost-effective for everyone involved. If your attorney is convinced that they will win the case in court and decides to try to get the jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness and prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you may appeal. While this process can take more time, it can also increase the amount of the amount you are awarded.
