10 Life Lessons We Can Learn From Erb's Palsy Settlement
Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial injury can help bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer.
A successful lawsuit can award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy lawsuit procedure.
The Legal Process
The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on your child's specific case and the severity of their injuries however, it can easily rise to the thousands of dollars.
Many of the Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide their case. If, however, your family members are unable to agree on a settlement you will have to go to trial. It can take a long time however, it could result in a bigger award.
The brachial plexus is a group of nerves which control movement within the arm. Forceful pulling on the neck, head, arms or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness of this birth injury that could have been avoided. In erb's palsy law firm waterbury helped families get a fair financial settlement to support their child's future.
Arbitration or Mediation
If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This can include surgery, therapy, assistive devices and treatment.
Many lawsuits settle out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys are likely to attempt to reach an agreement before the trial gets underway.
If you fail to reach an agreement, your case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.
You also need to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or present their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. In addition, you must keep your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses 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 children may require surgery to repair torn nerve fibers. However, a significant proportion of children are not able to recover to a significant degree and will be left with the limitations of this birth injury for 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 determine the value of your case the lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records, and investigate whether or not the doctor who performed surgery on your child's care had a medical malpractice case.
Once your lawyer understands the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence including expert opinions, depositions, medical documents, and so on. This is an essential part of your legal proceeding because it allows both sides to construct their arguments. Settlements can last up to one year.
Settlement
If your Erb's Palsy lawsuit is a success the lawyer may be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer must collect evidence to prove the error that caused your child's brachial plexus injury that could include medical records, witness statements and expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specific amount of time to reply to the lawsuit, and during this discovery phase each side will gather additional evidence to back their assertions.
Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cheaper for everyone involved. If your lawyer believes they will win in court, they might decide to take the case to a verdict by a jury. A successful verdict can give families a sense of justice and help educate people about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. The process could take longer, but can increase the amount you get.