Why Is Erb's Palsy Settlement So Famous?
Erb's Palsy Litigation
Legal action following the injury to your child's brachial plexus may help you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.
If you are successful in your lawsuit, your family can receive compensation for the medical bills of your child and future treatment. Find out more about the Erb's-Palsy lawsuit process.
The Legal Process
Families file Erb's Psy lawsuits to get reimbursement for medical expenses and other expenses. The amount of money awarded in a settlement will depend on your child's specific case and the severity of their injuries but it can easily go into the thousands of dollars.
Many of Erb's palsy lawsuits have been settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can speed up the legal process considerably and keep your family from having a jury or judge decide on their case. If your family is unable to agree on a settlement the family will have to appear in court. This can also take a long time, but it can also potentially result in a bigger award.
The brachial plexus is a group of nerves which control movement in the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders, or on arms, could result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits helped families get an appropriate settlement in order to ensure their child's future.
Mediation or Arbitration
If your child was injured while in the womb due to medical negligence and has suffered brachial paralysis, an Erb's settlement for palsy can help to pay for their medical treatment. This may include treatment, therapy, assistive devices, and operations.
erb's palsy attorneys memphis are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's attorneys will likely seek an agreement prior to the trial begins.
If you are not able to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will listen to both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.
It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or you can present their testimony through video conference. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. Additionally, you should have their addresses and telephone numbers on file in case they are called as witnesses in the future.
Complaint to the Court
Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth process have the right to seek fair compensation for the injuries suffered by their child.
To determine the value of your case Your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had previous malpractice cases.
When your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical records, and more. This is an essential part of your legal case because it helps you build your case. It can take up an entire year before you can arrive at a settlement.
Settlement
If your Erb's Palsy lawsuit is a success your lawyer could be able to obtain compensation to pay for medical costs, future treatment costs and adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will need to gather evidence to prove the malpractice that caused the brachial plexus injury to your child which could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a certain amount of time to respond to the lawsuit, and during this discovery stage, both sides will gather additional evidence to prove their assertions.
Most lawsuits are settled outside of court instead of going to trial as it is more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case at trial they may decide to take it to the jury. A successful verdict could give families a sense of justice and help educate people about how to prevent future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. Although this process may take longer but it also can increase the amount of the compensation you receive.