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Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial injury can help bring you and your family closure. The process of litigation 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 as well as future treatment. Learn more about the Erb’s palsy lawsuit procedure.
The Legal Process
The most common reason families bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the specific situation of your child and the severity of their injuries however, it can easily rise to the thousands of dollars.
Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide their case. If your family is unable to reach a settlement then you'll need to go to court. This can take a significant amount of time, but it could also result in a larger amount.
The brachial plexus is a set of nerves which control movement in the arm. When erb's palsy attorneys cape coral are pregnant, excessive forceful pulling of the neck, head, or shoulders or on the arms could result in damage to these nerves and cause Erb's Palsy. In many instances, the injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an equitable financial settlement that helped their child's future.
Mediation or Arbitration
If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help you to pay for the treatment. This could include therapy, surgery, assistive devices and treatment.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial starts.
If you cannot reach an agreement, your case will go to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.
You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person, or you can present their testimony through video conference. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.
Complaint to the Court
Many children with Erb's -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. However, a substantial proportion of children are not able to recover in any way and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.
To determine the worth of your case your lawyer will collaborate with specialists in treating these ailments to create a cost-of-living estimate. This is used to determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases.
When your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal defense because it allows you to develop your arguments. It can take as long as a year to settle a case.
Settlement
If your Erb's-Pallsy lawsuit is a success the lawyer may be able obtain compensation to pay for medical expenses, future treatment costs 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 to gather evidence to prove the mistake that led to your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they will start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a certain amount of time to respond to the lawsuit, and during this discovery stage each side will gather additional evidence to back their assertions.
Most lawsuits settle out of court, instead of going to trial, because it's more cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may choose to take the case to a verdict by a jury. A successful verdict could give families a sense of justice and help spread awareness about how to avoid any future birth injuries. However, if the verdict is not in your favor You can appeal the decision. While this process can take longer but it also increases the amount of the compensation you receive.