Erb's Palsy Litigation
Legal action following the injury to your child's brachial plexus may aid you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.
erb's palsy lawyer glendale can award your family compensation for your child's medical bills and any future treatment. Read on to learn more about the Erb's syndrome lawsuit process.
The Legal Process
The most popular reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, but it could easily reach the millions of dollars.
Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and save your family from facing a judge or jury. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a long time, but it could also result in a larger award.
The brachial complex is a collection of nerves that regulate movement in the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families get an equitable financial settlement and get their child's life back on course.
Mediation or Arbitration
If your child sustained a brachial plexus injury during birth due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This could include therapy, surgery as well as assistive devices and treatment.
Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial starts.
If you are unable reach a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.
You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Keep your witnesses' numbers and addresses on file, in case you need to contact them as an upcoming witness.
A complaint to the court
Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A large number of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was due to negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.
To determine the worth of your case Your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and determine whether the doctor who delivered your child's diagnosis had a prior record of malpractice cases.
If your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a vital part of the legal process because it gives both sides the chance to present their case. Settlements can take as long as one year.
Settlement
If your Erb's Palsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical costs for future treatment, future costs for treatment 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 evidence to prove that negligence caused the brachial plexus injury in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery the parties will gather evidence to prove its case.
Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cheaper for all parties involved. However, if your attorney believes that they can win in court, they could decide to take the case all the way to a jury verdict. A successful verdict will give families a sense of justice and help educate people about how to prevent future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. While this procedure can take longer but it also increases the amount of compensation you receive.