Five Lessons You Can Learn From Erb's Palsy Settlement
Erb's Palsy Litigation
In the aftermath of your child's brachial injury can help bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.
If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.
The Legal Process
Families file Erb's Psy lawsuits to seek compensation for medical costs and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.
Many of the lawsuits involving Erb's Psy settle out of court. The lawyers for both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This can drastically reduce the legal process and save your family from facing jurors or judges. If, however, your family is unable to reach a settlement you will have to go to trial. It can take a long time, however, it could result in a higher award.
The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. This condition is usually avoidable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement that helped their child's future.
Mediation or Arbitration
If your child was injured by an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's Palsy settlement could help you pay for his or her treatment. This could include surgery, therapy as well as assistive devices and treatments.
Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court might overturn a decision made by the jury. erb's palsy lawyer high point and hospital's attorneys will likely try to come to an agreement prior to the trial beginning.
If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will take in both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.
You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can either witness your witnesses attend the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. You should also keep your witnesses' phone 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 palsy can overcome physical limitations with intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children will not recover in any way and will be forced to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.
Your lawyer will work with doctors who specialize in treating this condition to create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of your child’s medical records and determine whether the doctor who treated your child's diagnosis had a prior record of malpractice cases.
Once your lawyer has identified the child's injuries she will start a lawsuit against defendants. Both parties will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions and medical records and more. This is a crucial part of your legal proceeding as it allows both sides to present their case. Settlements can take up to one year.
Settlement
If your lawsuit for Erb's palsy is successful, your lawyer may be able get compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will have to gather evidence to prove the negligence that caused your child's brachial plexus injury and may include medical records, witness statements and expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specific period of time to respond to the lawsuit, and during this discovery stage both sides will gather additional evidence to support their claims.
Most lawsuits are settled out of court, rather than going to trial as it is more cost-effective for everyone involved. If your lawyer believes they will win in court, they might choose to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you can appeal. While this process could take more time but it also can increase the amount of compensation you receive.