Erb's Palsy Litigation
In the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.
If you prevail in your lawsuit, your family may receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's-Palsy lawsuit procedure.
The Legal Process
Families file Erb's Psy lawsuits to recover compensation for medical costs and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily be millions of dollars.
Many of the Erb's Palsy lawsuits settle out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before the jury or judge. If your family members are unable to agree on a settlement you will have to go to trial. This can take a significant amount of time, but could also result in a bigger amount.
The brachial nerves regulate the movement of the arm. When you are pregnant, excessive forceful pulling of the neck, head, shoulders or on the arms, can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families get an appropriate financial settlement to help their child get back on the right track.
Arbitration or Mediation
If your child was injured during the womb due to medical negligence and suffered brachial palsy, an Erb's settlement for palsy can help pay for their care. This may include treatment, therapy devices, assistive devices, and surgeries.
Many lawsuits are settled outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital attorneys will most likely try to come to an agreement prior to the trial beginning.
If you are unable to settle your dispute, your case will proceed to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.
You will also need copies of all legal documents and witnesses to appear at the hearing. You may either have your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in the event that they are needed to testify in the future.
Complaints in Court
Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a large percentage of children will not recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.
erb's palsy attorneys minnesota will collaborate with doctors that 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 Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in the birth of your child had an history of similar malpractice cases.
Once your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence including expert opinions, depositions, additional medical documents and more. This is a vital part of the legal process because it allows both sides to construct their arguments. It can take as long as an entire year before you can arrive at a settlement.
Settlement
If your Erb's palsy suit is successful, your lawyer could be able to get compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.
Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a certain amount of time to respond. In this phase of discovery, each side will gather evidence to support its claims.
Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cheaper for everyone involved. However, if your attorney believes that they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict can bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. If, however, your verdict is not favorable to you then you may appeal the decision. The process could take longer, but it can increase the amount you get.