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Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may help you and your family get closure. The litigation process can be complicated and requires a skilled lawyer.
If you prevail in your lawsuit, your family will be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's-Palsy lawsuit procedure.
The Legal Process
The most common reason families bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.
Many of the Erb's Palsy lawsuits settle without court. The lawyers representing both the plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This can drastically cut down on the legal process, and also prevent your family from having to face jurors or judges. If, however, your family cannot agree on the terms of settlement, you'll need to go to trial. This could take a long time, but it can also potentially result in a higher amount.
The brachial nerves control the movement of the arm. A forceful pull on the neck, head, shoulders or arms during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been prevented. In the past, these lawsuits helped families get an appropriate financial settlement that helped their child's future.
Mediation or Arbitration
If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's Palsy settlement can help pay for their treatment. This could include surgery, therapy aidive devices, and treatment.
Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.
If you're unable to reach a settlement the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. 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 require copies of all legal documents and witnesses to present at the hearing. You may either witness your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. Additionally, you must have their addresses and telephone numbers on file in case they are called as a witness in the future.
A complaint to the court
Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant number of children do not recover in any significant way and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.
Your lawyer will work with doctors who are experts in treating this condition to create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.
If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. erb's palsy lawsuit sunnyvale involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal action because it gives both sides the chance to construct their arguments. Settlements can take up to one year.
Settlement
If your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You could 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 injury to the brachial area in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants will then be 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 outside of court instead of going to trial because it's cheaper for all parties involved. If your lawyer is confident they can win at trial, they may decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could give families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening again in the future. If, however, your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but can increase the amount you get.