Erb's Palsy Litigation

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

If you win your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file erb's palsy law firm (www.Tjpr.Jus.br) Psy lawsuits to recover compensation for medical costs and other expenses. The amount of money that is awarded in a settlement depends on the specific situation of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and prevent your family from having to appear before a judge or jury. However, if the family members cannot reach a settlement you will have to go to trial. This can take a considerable amount of time, but can also result in a larger settlement.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on the arms, can cause damage to these nerves, leading to Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits allowed families to obtain an equitable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child sustained an injury to the brachial area during pregnancy due to medical negligence, an Erb's settlement can help you pay for their care. This may include therapy, treatment, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's lawyers are likely to try to reach an agreement prior to the trial gets underway.

If you fail to reach an agreement, your case will be referred to arbitration. A neutral third party will consider both sides and erb's palsy law firm decide who wins the case. This type of hearing is more informal than a court trial, but it is important to have witnesses present and physical evidence.

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 attend the hearing in person or you can present their testimony through video conference. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair torn nerve fibers. However, a significant proportion of children don't recover to a significant degree and will have to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and investigate whether the doctor who gave you your child's diagnosis had a prior experience of malpractice.

Once your lawyer understands the injuries suffered by your child and Erb's Palsy Law Firm the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal defense because it allows you to build your arguments. It can take up to an entire year to arrive at a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to obtain compensation for medical costs and future treatment costs, including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the malpractice that caused your child's brachial-plexus injury, which could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a specific period of time to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits settle out of court, instead of going to trial, since it's cheaper for all parties involved. If however, your attorney believes that they can win in court, they might decide to take the case all the way to a verdict by a jury. A successful verdict can provide families with a sense of justice and raise awareness about how to prevent future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it can raise the amount you receive.