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Erb's Palsy Litigation
Legal action following your child's injury to the brachial plexus could aid you and your family get closure. However, the process of litigation is complex and requires skilled legal representation.
A successful lawsuit can award your family compensation for child's medical bills as well as future treatment. Find out more about Erb's palsy litigation procedure.
The Legal Process
Families file Erb's-Palsy lawsuits to get 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 case. It can easily reach millions of dollars.
Many of the lawsuits involving Erb's Psy have been settled out of court. erb's palsy lawyer glendale 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 avoid your family from having to go before a judge or jury. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time but it can also potentially result in a larger award.
The brachial plexus is a group of nerves which control movement within the arm. Forceful pulling on the head, neck, shoulders or arms during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness of the birth injury that could have been prevented. In the past the lawsuits have helped families secure an appropriate financial settlement to get their child's life back on track.
Mediation or Arbitration
If your child suffered a brachial plexus injury in the womb due to medical negligence, an Erb's settlement can help you to pay for the care. This can include surgery, therapy, assistive devices and treatment.
Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement prior to the trial beginning.
If you're not able to come to a deal your case will be sent to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.
You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and contact numbers on file in the event that they are needed as witnesses in the future.
Complaint in the Court
Many children who suffer from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children may require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.
Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an estimated cost of living for life estimate. This is used to determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether or not the doctor who performed surgery on your child's care had a record of malpractice cases.
Once your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence, including expert opinions, depositions and medical documents and more. This is a crucial part of your legal case as it allows you to build your case. Settlements can last for up to one year.
Settlement
If your Erb's palsy suit is successful, your lawyer could be able get compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who provided your child with. The defendants are given a specified period of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their claims.
Most lawsuits are settled out of court rather than go to trial, since it's more cost-effective for the parties involved. If your lawyer is confident that they will win the case in court it could be decided to try to get the jury. A successful verdict can give families a sense justice and raise awareness about how to prevent future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. While this procedure can take more time but it also can increase the amount of compensation you receive.