5 Clarifications On Erb's Palsy Settlement
Erb's Palsy Litigation
Legal action after your child's brachial-plexus injury may aid you and your family get closure. The process of litigation can be complicated and requires an experienced lawyer.
If you win your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb's-Palsy lawsuit process.
The Legal Process
The most frequent reason families bring an Erb's palsy suit is to get 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 Erb's palsy lawsuits have been settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and save your family from having to go before the jury or judge. However, if your family members cannot reach a settlement you will have to go to trial. This can take a long time but it could also result in a bigger award.
The brachial plexus is a set of nerves which control movement in the arm. A forceful pull on the head, neck, arms or shoulders during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. This condition is usually prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to increase awareness about this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement and get their child's life back on path.
Mediation or Arbitration
If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This may include therapy, treatment as well as assistive devices and operations.
Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital attorneys will most likely try to come to an agreement before the trial gets underway.
If you're unable to agree to a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence to the hearing.
You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person or you can submit their statements via video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them as witnesses in the future.
Complaint in the Court
Many children suffering from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some children will need surgery to repair torn nerve fibers. A significant number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.
Your lawyer will work with specialists in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help you get copies of your child's medical records and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.
Once your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. erb's palsy attorneys san francisco involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action since it allows both sides to develop their arguments. Settlements can take as long as one year.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.
Your lawyer will need to gather evidence to prove the error that caused your child's brachial-plexus injury which could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants will be given a certain period of time to respond to the lawsuit, and during the discovery phase both sides will gather additional evidence to back their assertions.
Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for everyone involved. However, if your attorney is confident they can win in court, they could decide to pursue the case to the verdict of a jury. A successful verdict can give families a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict is not favorable to you, you can appeal the decision. While this procedure can take longer, it can also increase the amount of compensation you receive.