lock haven erb's palsy law firm Palsy Litigation
Legal action after the injury to your child's brachial plexus may help you and your family members find closure. However, the litigation process is complex and requires skilled legal representation.
If you are successful in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the whiteville erb's Palsy lawsuit palsy lawsuit procedure.
The Legal Process
The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.
Many of the lawsuits involving Erb's Psy are settled without court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to face the jury or judge. If your family is unable to reach an agreement on a settlement then you'll need to go to court. It can take a long time but it could also result in a higher award.
The brachial plexus is a group of nerves that control movement within the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and delivery -for example, when doctors use forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This condition is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families secure an appropriate financial settlement to help their child get back on the right track.
Mediation or Arbitration
If your child was injured while in the womb due to medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you pay for their care. This could include therapy, surgery as well as assistive devices and treatments.
Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial begins.
If you are unable to reach an agreement, your case will be taken to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.
You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses in the file in case you need to contact them as an upcoming witness.
A complaint to the court
Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair damaged nerve fibers. A large number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to medical negligence during the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.
Your lawyer will work with doctors who are experts in treating this condition. They will create a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.
Once your lawyer understands the injuries of your child then she will bring a lawsuit against the defendants. Both sides will go through the discovery phase which involves exchanging evidence like expert opinions, depositions medical documents and more. This is a crucial aspect of your legal proceedings because it allows both sides to build their arguments. It could take up to an entire year to settle a case.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.
Your lawyer will have to gather evidence to prove mistake that led to your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a set amount of time to reply. In this phase of discovery, each side will gather evidence to prove its case.
Most lawsuits settle out of court, rather than going to trial because it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial it could be decided to take it to the jury. A successful verdict could give families a sense of justice and increase awareness of ways to avoid future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but can increase the amount you receive.