Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may aid you and your family get closure. The litigation process can be complicated and requires an experienced lawyer.
If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy litigation process.
The Legal Process
Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money that is awarded in a settlement will depend on the particular case of your child and the severity of their injuries however, it can easily rise to the millions of dollars.
Many Erb's Palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before jurors or judges. If your family is unable come to a deal, you will need to go to court. This can also take a long time, however, it could result in a higher amount.
The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. This type of injury is usually avoidable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past these lawsuits helped families get a fair financial settlement to support their child's future.
Mediation or Arbitration
If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement can help you pay for their treatment. This can include therapy, surgery, assistive devices and treatment.
Many lawsuits settle without court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial gets underway.
If erb's palsy lawsuit minnesota are not able to reach an agreement, the case will go to arbitration. A neutral third party will listen to both sides and decide who wins the case. This hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.
You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they're called as witnesses in the future.
A complaint to the court
Many children who suffer from Erb's palsy can overcome their physical limitations with daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a significant number of children do not recover to any measurable degree and will be forced to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.
To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to create a cost-of-living estimate. This helps determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had an history of similar malpractice cases.
Once your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence including expert opinions, depositions, additional medical records and more. This is an essential part of your legal proceeding since it allows both sides to develop their arguments. It can take up a year to settle a case.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to obtain compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants will be given a set period of time to respond to the suit, and during this discovery phase each side will gather more evidence to support their claims.
Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. If your lawyer is confident they can win at trial, they may choose to take the case all the way to a jury verdict. A successful verdict can bring families a sense that justice has been done and raise awareness about how to prevent future birth injuries. However, if the verdict is not in your favor You can appeal the decision. While this process could take longer, it can also increase the amount of the compensation you receive.