Why You Should Be Working With This Erb's Palsy Settlement
Erb's Palsy Litigation
Legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of suing can be complicated and requires an experienced lawyer.
If you prevail in your lawsuit, your family will be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.
The Legal Process
The most frequent reason families bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the specific situation of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.
Many of Erb's palsy lawsuits have been settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This could cut down the legal process considerably and keep your family from having a judge or jury decide their case. If your family is not able to reach a settlement then you'll need to go to court. This could take a long time however, it could result in a higher award.
The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury that could have been avoided. In erb's palsy attorneys pittsburgh allowed families to obtain a fair financial settlement and get their child's life back on track.
Arbitration or Mediation
If your child sustained an injury to the brachial area during birth due to medical negligence, an Erb's palsy settlement can help pay for their treatment. This can include surgery, therapy as well as assistive devices and treatments.
Many lawsuits settle without court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial begins.
If you fail to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence to the hearing.
You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person, or you can provide their statements via video conference. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have the addresses of your witnesses and telephone numbers on file in the event that they are needed as witnesses in the future.
A complaint to the court
Many children who suffer from Erb's syndrome can overcome physical limitations with regular physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.
Your lawyer will work with doctors who specialize in treating this condition to develop the lifetime cost of living estimate. This is used to 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 determine if the doctor responsible for your child's birth had previous malpractice cases.
When your lawyer is aware of the injuries of your child, she will file a lawsuit 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 vital part of the legal process because it gives both sides the chance to develop their arguments. It can take up to a year to reach a settlement.
Settlement
If your Erb's palsy suit is successful, your lawyer could be able to secure compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who delivered your child. The defendants are given a specific amount of time to reply to the suit, and during the discovery phase each side will gather more evidence to support their claims.
Most lawsuits settle out of court, instead of going to trial because it's cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial and decides to take it to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you You can appeal the decision. Although this process may take more time however, it could also increase the amount of compensation you receive.