15 Things You Didn't Know About Erb's Palsy Settlement

rittman erb's palsy attorney Palsy Litigation

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

If you are successful in your lawsuit, your family may be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular case of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from facing the jury or judge. If your family members are unable to reach a settlement and you are unable to reach a settlement, you must appear in court. This can also take a long time, but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families are suing to hold negligent healthcare providers 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 receive an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's attorneys will likely seek a settlement before the trial starts.

If you are unable to reach an agreement, your case will be taken to arbitration. A neutral third party will listen to both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence to the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or present their testimony via video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they're called as witnesses in the future.

Complaints in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children are not able to recover to a significant degree and must live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.

To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and vimeo determine if the doctor responsible for your child's birth had an history of similar malpractice cases.

When your lawyer is aware of the injuries of your child she will make a claim against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case as it helps you build your case. 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 might be able to obtain compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a specific period of time to respond to the suit, and during this process of discovery both sides will collect more evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it's more cost-effective for all parties involved. If however, your attorney believes they will win in court, they could decide to take the case to the verdict of a jury. A successful verdict will provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If the verdict you receive is not favorable, you can appeal. This could take a bit longer, but it can increase the amount you get.