Erb's Palsy Litigation
Legal action after your child's brachial-plexus injury may help you and your family members find closure. However, the litigation process is complex and requires skilled legal representation.
A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy lawsuit process.
The Legal Process
Families file Erb's Psy lawsuits to get compensation for medical costs and other expenses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, but it can easily go into the thousands of dollars.
Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can significantly shorten the legal process and prevent your family from facing the jury or judge. If, however, your family cannot agree on an agreement, you'll have to go to trial. This can take a lot of time, but it could also result in a larger amount.
The brachial plexus is a set of nerves that control movement in the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders or on the arms can result in damage to these nerves and cause Erb's palsy. The injury is often preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury that could have been prevented. In the past these lawsuits helped families secure a fair financial settlement and get their child's life back on course.
Arbitration or Mediation
If your child suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for their care. This could include therapy, treatment devices, assistive devices, and procedures.
Many lawsuits settle without court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.
If you are unable to reach a settlement your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.
You will also need copies of all legal documents and witnesses to be present at the hearing. You can have your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in the event that they are needed to testify in the future.
Complaints in Court
Many children with Erb's -Pallsy are able to overcome physical limitations by intensive daily physical therapy. Some children will require surgery to repair torn nerve fibers. However, a large percentage of children don't recover to a significant degree and will have 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 malpractice during the delivery process are entitled to fair compensation.
To establish erb's palsy lawsuit baltimore of your case the lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether the doctor who gave you your child had a previous history of malpractice cases.
Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both parties will go through the discovery process which involves exchanging evidence like expert opinions, depositions, medical records and more. This is an essential part of your legal defense because it helps you build your case. It can take as long as an entire year to reach a settlement.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer may be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer must gather evidence to prove malpractice that caused your child's brachial-plexus injury that could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants will be given a set amount of time in which to respond to the suit, and during this discovery stage each side will gather additional evidence to support their assertions.
Most lawsuits are settled outside of court instead of going to trial, as it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court, they might decide to take it to the jury for a verdict. A successful verdict can provide families with a sense of justice and help educate people about how to avoid any future birth injuries. If your verdict is not favorable you may appeal. While this process can take more time but it also can increase the amount of compensation you receive.