Here's A Little Known Fact Regarding Erb's Palsy Settlement
Erb's Palsy Litigation
Legal action following your child's brachial-plexus injury may help you and your family members find closure. However, the process of litigation is complex and requires expert legal representation.
If you win your lawsuit, your family may receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit process.
The Legal Process
The most common reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.
Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers for both plaintiff and the defendant will come together to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process and save your family from having to go before a judge or jury. If your family is not able to reach a settlement the family will have to appear in court. It can take a long time, but it could also result in a higher award.
The brachial area is a group of nerves which control movement within the arm. A forceful pull on the neck, head arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. The injury is often avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families secure a fair financial settlement to help their child's future.
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If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help pay for his or her treatment. This could include treatment, therapy as well as assistive devices and surgeries.
Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial begins.
If you are unable come to a deal the case will be taken to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This hearing is more informal than a court case, but it is important to present witnesses and other physical evidence.
You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can provide their statements via video conference. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Keep your witnesses' numbers and addresses on file, in case you need to contact them for witnesses in the future.
Complaints in Court
Many children suffering from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some will require surgery to repair torn or damaged nerve fibers. Many children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth process are entitled to claim fair compensation for the injuries suffered by their child.
To determine the value of your case the lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will allow you to 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 your child’s medical records, and look into whether the doctor who gave you your child's care had a medical malpractice case.
When your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence including expert opinions, depositions, medical records and more. This is a crucial aspect of your legal proceeding because it gives both sides the chance to construct their arguments. Settlements can take as long as one year.
Settlement
If your Erb's-Pallsy lawsuit is successful, your lawyer might be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are given a set amount of time to reply to the suit, and during this discovery stage each side will gather additional evidence to prove their claims.
Most lawsuits are settled outside of court instead of going to trial due to the fact that it is more cost-effective for all parties involved. If your lawyer believes that they can win at trial, they may choose to take the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable to you it is possible to appeal the decision. The process could take longer, but it will increase the amount you receive.