Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit may award your family members compensation for your child's medical expenses and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file graham erb's palsy attorney Psy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but it can easily go into the millions of dollars.

Many of the oro valley erb's palsy lawyer Palsy lawsuits are settled out of court. The lawyers for both plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from facing jurors or judges. If, however, your family cannot agree on a settlement you will have to go to trial. This can also take a long time but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, shoulders or arms during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and has suffered brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This could include therapy, treatment as well as assistive devices and operations.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge might overturn a decision made by a jury. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial starts.

If you are unable come to a deal, your case will proceed to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This kind of hearing could be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conference. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas in advance. You should also keep the numbers of your witnesses and addresses on file, in case you need to contact them for an upcoming witness.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, a large percentage of children are not able to recover in any significant way and will be left with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's madison erb's palsy lawsuit palsy was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer understands the child's injuries 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 documents are also included. This is a vital part of your legal proceedings because it allows both sides to develop their arguments. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer might be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injury to your child that could include medical records, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a certain period of time to respond. During this discovery phase, each side will gather evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, because it's cost-effective for all parties involved. If your attorney is confident that they can win the case at trial and decides to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not in your favor You can appeal the decision. The process could take longer, but can increase the amount you get.