Why Do So Many People Want To Know About Erb's Palsy Settlement?

dunbar erb's palsy attorney Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit may award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on your child's specific case and the extent of their injuries, but it could easily reach the millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to go before a judge or jury. If your family is unable to reach an agreement, you'll have to go to trial. This can take a long time, however, it could result in a larger award.

The brachial nerves control the movement of the arm. Forcing the head, neck, arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness about the birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus during the womb as a result of 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 procedures.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys will likely try to reach an agreement prior to the trial beginning.

If you're unable to reach a settlement the case will go to arbitration. A neutral third party will listen to both sides and determine who wins the case. This hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person or you can submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have your witnesses' addresses and phone numbers in case in case they are called to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair the torn nerve fibers. A significant number of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe their child's dodge city erb's Palsy Law firm syndrome was due to medical negligence during the birth process have the right seek fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor involved in the birth of your child had previous malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of the legal process because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injury to your child and may include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a specific amount of time to reply. In this phase of discovery the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than go to trial, as it's more cost-effective for all parties involved. However, if your attorney believes that they can win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict could give families a sense justice and raise awareness about how to prevent future birth injuries. However, if the verdict is not in your favor it is possible to appeal the decision. While this procedure can take more time, it can also increase the amount of the amount you are awarded.