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Erb's Palsy Litigation
The legal process in the aftermath of your child's brachial injury can bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.
A successful lawsuit could grant your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit process.
The Legal Process
The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily reach millions of dollars.
Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from facing jurors or judges. However, if your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.
The brachial complex is a collection of nerves which control movement within the arm. A forceful pull on the head, neck, arms or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past the lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on the right track.
Arbitration or Mediation
If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.
erb's palsy attorneys west virginia settle out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers will likely attempt to negotiate an agreement before the trial begins.
If you are not able to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.
It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony via video conference. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in the event that they are needed to testify in the future.
A complaint to the court
Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.
To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child’s medical records and determine whether the doctor who delivered your child's care had a history of malpractice cases.
When your lawyer is aware of the child's injuries then she will bring a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence such as expert opinions, depositions, medical documents, and so on. This is an essential part of your legal defense because it allows you to develop your case. Settlements can take up to one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to obtain compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.
Your lawyer will need to collect evidence to prove the negligence that caused your child's brachial-plexus injury, which could include medical documents, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are given a certain period of time to respond to the lawsuit, and during this discovery stage, both sides will gather additional evidence to back their claims.
Most lawsuits are settled out of court, rather than going to trial due to the fact that it is more cost-effective for everyone involved. However, if your attorney is confident they can win at trial, they may decide to take the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness and prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor then you may appeal the decision. This could take a bit longer, but can increase the amount you get.