Seven Reasons Why Erb's Palsy Settlement Is So Important
Erb's Palsy Litigation
In the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.
A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. 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 be millions of dollars.
Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process and save your family from having to face a judge or jury. If your family is unable to reach a settlement, you will need to go to court. This can take a long time however, it could result in a bigger award.
The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders, or on the arms can damage these nerves, causing Erb's Palsy. This condition is usually preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury which could have been avoided. In the past these lawsuits have helped families secure a fair financial settlement and get their child's life back on course.
Mediation or Arbitration
If your child was injured in the womb as a result of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include treatment, therapy aids, assistive devices, as well as surgeries.
Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to attempt to negotiate an agreement before the trial begins.
If you are unable settle your dispute, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence for the hearing.
Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or you can submit their statements via video conferencing. Subpoenas should be sent in advance to all witnesses in order they are aware of the requirement to be present at the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they are required to appear as witnesses in the future.
Complaints in the Court
Many children with Erb's -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to fix torn or damaged nerve fibers. Many children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process are entitled to seek fair compensation for their child's injuries.
Your lawyer will work with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had a history of similar malpractice cases.
When your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case because it helps you build your case. It can take as long as an entire year before you can settle a case.
Settlement
If your Erb's Palsy lawsuit is a success your lawyer might be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices in addition to physical therapy. erb's palsy attorneys sugar land may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. Once your attorney has gathered the evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a specific amount of time to reply to the suit, and during this discovery stage, both sides will gather additional evidence to back their claims.
Most lawsuits settle out of court instead of going to trial, as it's cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may choose to take the case all the way to a verdict by a jury. A successful verdict could provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict isn't favorable, you can appeal. The process could take longer, but it could increase the amount you are awarded.