Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the litigation process is complex and requires expert legal representation.
A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Learn more about the Erb’s palsy litigation process.
The Legal Process
The most common reason for families to pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the extent of their injuries, but it can easily go into the millions of dollars.
Many cases involving Erb's palsy settle without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before jurors or judges. If erb's palsy attorney columbus is unable to reach an agreement on a settlement, you will need to go to court. This can take a lot of time, but can also result in a larger amount.
The brachial complex is a collection of nerves that control movement in the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders or on the arms can damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families get an appropriate financial settlement to support their child's future.
Arbitration or Mediation
If your child was injured while in the womb as a result of medical negligence and suffered brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This can include therapy, surgery, assistive devices and treatment.
Many lawsuits are settled out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial gets underway.
If you are unable to settle your dispute, your case will proceed to arbitration. This means that a neutral third party will take in both sides and determine who will win the case. This hearing is more informal than a court trial, however, it is crucial to provide witnesses and 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 attend the hearing in person or you can submit their statements via video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware the requirement to be present at the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you need to contact them for a future witness.
Complaints in Court
Many children suffering from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. Many children will never recover and have to live with the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the delivery process have the right claim fair compensation for the injuries suffered by their child.
Your lawyer will collaborate with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This helps 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 a history of similar malpractice cases.
If your lawyer has a clear understanding of the injuries of your child and the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding since it allows both sides to construct their arguments. Settlements can last up to one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer must gather evidence to prove the mistake that led to the brachial plexus injury to your child and may include medical records, witness statements and expert testimony. After your lawyer has collected this evidence, they will file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery the parties will gather evidence to support its claims.
Most lawsuits are settled out of court rather than go to trial because it's more cost-effective for the parties involved. However, if your attorney believes they will win in court, they could decide to take the case all the way to a verdict by a jury. A successful verdict will provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable you can appeal. This process may take longer, but it can increase the amount you receive.