Finding A Highly Skilled Lawyer No matter what your legal needs are you will see that there are countless lawyers in your area that advertise they concentrate on your kind of case. This will make the procedure of finding one with a lot of experience a bit of a challenge. However, when you follow the tips below it will be easy to define your pursuit to the correct one in very little time. The initial step is to create a selection of the lawyers that happen to be listed in the area focusing on your needs. While you are causeing this to be list you ought to only include those that you may have a great vibe about based upon their advertisement. After that you can narrow this list down by using a bit of time evaluating their site. There you will be able to find the number of years they have been practicing and a few general information about their success rates. At this point your list ought to have shrunken further to those that you just felt had professional websites as well as an appropriate volume of experience. You should then take time to lookup independent reviews of each and every attorney. Make sure you read the reviews rather than relying on their overall rating. The info within the reviews provides you with an idea of the way that they communicate with their customers and the time they invest into each case they are focusing on. Finally, you will need to meet up with at least the final three lawyers which have the credentials you are interested in. This gives you time to truly evaluate how interested they may be in representing you and your case. It can be imperative that you follow most of these steps to ensure that you find a person that has the right measure of experience to help you the perfect outcome.
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Some of the cites we server are,
I Had A Natural Birth And Shoulder Dystocia Occured....My Baby Got Stuck And Her Shoulder Got Stretched Coming Out Of Me....She Now Has Erbs Palsy....I Go To Therapy 2 Times A Week We Do Range Of Motions With Her Everyday....She Was Born Only Moving Her Fingers Now She Trys To Lift Her Arm But Still Cant All The Way Up Or Bend Her Elbow...They Said Hopefully In 6 Weeks She Will Start.....
I Was Wondering Is There Anyway I Can Maybe Sue?
What Can I Do Now? Any Advice?
I'm a physical therapist and not a lawyer, so I'm answering this from the other side, but I don't understand why you're not putting all of your energy into getting your baby better and more importantly, thanking God that the dr. did get her out of you in time. It is not uncommon to see these injuries in newborns and almost every baby I've ever treated with this recovered completely and the few who didn't had very little impairment. I believe the national statistic is that 90% of these babies fully recover.
But apparently this is something that is an easy case to get a lawyer to take. Just type in erb's palsy and you'll get more findings on lawyers websites than actual information about erb's palsy, or brachial plexus injuries, or even how/why it happens and what you as a parent can be doing to give your baby the best chance at fully recovering.
According to these sites, you could probably win a lawsuit if you had gestational diabetes, or not even that, but that your doctor knew you were going to have a large baby. How much did your baby weigh? Did your ob/gyn tell you the entire time that you were going to have a large baby? If you can make your way thru all the lawyer websites, there is one site from the American Family Physician that is very informative about this. It says that studies have shown that most babies who get this are not at all babies who were very large, therefore making it next to impossible to determine which pregnancies are at risk. And thats exactly what these lawsuits are based on: that your dr knew the whole time that you were going to have a large baby and should have taken necessary precautions such as inducing labor early or by having a c-section. Here's a few quotes from this article on that:
The single most common risk factor for shoulder dystocia is the use of a vacuum extractor or forceps during delivery.2 However, most cases occur in fetuses of normal birth weight and are unanticipated, limiting the clinical usefulness of risk-factor identification.6
Evidence is lacking to support labor induction or elective cesarean delivery in women without diabetes who are at term when a fetus is suspected of having macrosomia.
It then tells of all the steps a dr should go through to get the baby out as quickly as possibly doing the least damage possible. As a last resort this is what the options are:
1.Deliberate clavicle fracture
Direct upward pressure on the mid-portion of the fetal clavicle; reduces the shoulder-to-shoulder distance.
2.Zavanelli maneuver: Cephalic replacement followed by cesarean delivery; involves rotating the fetal head into a direct occiput anterior position, then flexing and pushing the vertex back into the birth canal, while holding continuous upward pressure until cesarean delivery is accomplished
3. General anesthesia
Musculoskeletal or uterine relaxation with halothane (Fluothane) or another general anesthetic may bring about enough uterine relaxation to affect delivery.
4. Abdominal surgery with hysterotomy
General anesthesia is induced and cesarean incision performed, after which the surgeon rotates the infant transabdominally through the hysterotomy incision, allowing the shoulders to rotate, much like a Woods corkscrew maneuver. Vaginal extraction is then accomplished by another physician.
Intentional division of the fibrous cartilage of the symphysis pubis under local anesthesia has been used more widely in developing countries than in North America. It should be used only when all other maneuvers have failed and capability of cesarean delivery is unavailable. (Basically, your doc takes his scalpel and cuts a larger hole in your pubic bone. Ouch)
This all could have happened to you and your baby. If your doctor had not gotten your daughter out quickly (therefore stretching the shoulder and causing erb's palsy) the longer your baby would have been without oxygen and the more severe her case of cerebral palsy would have been if you were lucky, if you weren't lucky, you would have given birth to a stillborn daughter. I know that we go thru 9 months of pregnancy and all expect to have normal labor and deliveries and then perfect healthy babies. Its supposed to happen that way and it is simply not fair when something goes wrong. But placing blame on a baby getting stuck on your pubic bone is not going to help your daughter recover, it will take her mom's 100% focus off her therapy and onto revenge. And yes, I do know what its like to go through something like this. With my 2nd daughter, I was in labor for several hours having many decels with almost every contraction. When it was about time to start pushing, my dr checked me and felt her cord coming out first (prolapsed cord), we were rushed to have an emergency c-section, I had to be put completely under with noone in the room with me, and I had a blue, non-moving, non-breathing baby. With resusitation, she was fine and never even required oxygen. I was told by many many people to sue my ob/gyn, that he should have known hours before this happened with all of her heart decels that she something was wrong and he should have never let it get to the point where her heartrate was 35 before taking me back for a c-section. Maybe not, but I don't have it in me to sue the man who was the one who ended up saving my baby's life, even if this was all caused by his "inaction". He could have done something quicker, but I certainly don't blame him for me having a prolapsed cord. I would rather focus on my 2 beautiful healthy daughters and then as a physical therapist, focus on helping those beautiful babies that weren't as lucky as mine. Sometimes there's just no one to blame and even if there is, what does that help? Go through the court system and stress, lose work days, lose time with your child, lose your mind and sanity, for a case that will likely take years to settle, you may or may not win, and if you do, it will almost certainly not be enough money to pay you back for all the time and stress it has caused. If I were you, I'd focus on doing the therapy with your baby and getting her well. Maybe you could even start a support group in your town to mother's and babies (and dads) affected by this. Put all of this energy into something positive for your daughter. Your love for her is obvious, just get that baby better and focus on how to treat it, and how you and others can prevent it from happening to anyone else ever again.
I wish you and your daughter the best of luck. As I said above, it is very likely that she will fully recover and you'll never even know she had erb's palsy. She'll be fine! If she's already trying to lift her arm, she's in the home stretch! That article stated that nearly all palsies resolve completely in 6 to 12 months, so don't get discouraged if she isn't where they said she'd be in 6 weeks. Just keep taking her to therapy, do the home exercise program your therapist has shown you, and as the saying goes: that which doesn't kill us makes us stronger! You are already the best mother this little girl could possibly ask for, God will take care of you both.
What Is The Purpose Of Discovery Concerning Relevant Legal Information?
And Why Would It Be Unethical To Suppress Pivotal Information; Whether There Is A Meeting Of The Minds, Or An Actual Exchange Of Goods/Services?
Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.
Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.,/p>
Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.
Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.
Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.
Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
Illinois Discovery Provisions
The Illinois Discovery Provisions are contained in the Illinois Supreme Court Rules. The discovery provisions apply in divorce actions.
Discovery Methods: Information is obtainable through the following methods: depositions upon oral examination or written questions, written interrogatories to parties, discovery of documents, objects or tangible things, inspection of real estate, requests to admit and physical and mental examination of persons. Duplication of discovery methods to obtain the same information should be avoided. Rule 201(a)
Scope of Discovery: A party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking disclosure or of any other party. Rule 201(b)
Sequence of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 201(e)
Stipulations: If the parties so stipulate, discovery may take place before any person, for any purpose, at any time, or place, and in any manner.
Fighting A Traffic Ticket - Using A Legal Service With A Guarantee - Lawyer Or Other Service?
Has Anyone Had Any Luck Fighting Traffic Tickets With The Help Of A Legal Service. This Is Not A Lawyer Per-Se, However I Am Sure The Company Has Lawyers. A Good Example Of This Is Www.Tixnix.Com . They Have A Guarantee And Will Refund Your Money If Not Successful. Fee Is Only $189. Please Only People With Experiences, No Speculation.
Having written hundreds of tickets in the past 23 years, I've never lost to these guys.
Can Somebody Recommend A Good Lawyer (Or Law Firm) In Singapore, Specializing In Family Law?
I Am Interested In Lawyers Who Have Experience In Handling Prenups, Divorce, Child Custody Issues, Especially In Marriages Between A Singapore Citizen And An Expatriate. Thanks!
It's funny that people give advice about the topics they know nothing about.
In fact, the largest (by number of lawyers & employee, revenue), most recognised and well-respected law firm in Singapore is Allen & Gledhill. It has been named Singapore Law Firm of the Year by International Law Review since 2000-2007 (7 years in a row). They are the best one, but for your needs ANY family lawyers should be able to look after you.
Here are my suggestions.
1.) First, plan on how much you want to spend on the lawyer, there is no point asking for a good lawyer who you can't afford.
2.) As a tip, the pre-nuptial agreement should be rather standard and uncomplicated (I have been through the process). You and your partner will need to agree on the terms (e.g. percentage to give/receive, living arrangement after the divorce) BEFORE instructing the lawyer to draft the agreement.
3.) Stay firm with what is agreed, otherwise the lawyer will just try to charge more money to correct the draft. We spent SGD2400 in total, which is on the high end.
4.) As for the divorce, child custody etc; these issues usually are covered in the pre-nuptial which is rather standard. If a legal battle is still necessary; work out your budget and weigh the cost/benefit (emotionally, financially etc). If it is worth it, then you can go all out and hire the best.
5.) Ask for an itemised invoice so you know what you are charged for, the charge can be per minute, 6-min, 10-min block etc. Also document the date/time and topic discussed during each meeting and phone conversation for your own record. If you need to dispute the final charge, the record will really help you.
6.) If the chosen lawyer doesn't provide the standard of service that you'd expect, don't be afraid to voice your discontentment (but do it as it happends not at the end) and refuse to pay for the bad service. Use your itemised invoice to justify what you are willing/not willing to pay for.
7.) Also you need to be wary about the country where you both get married, and whether the marriage is recognised in both bride/groom's country. This might become an issue when things don't work out. Ask your lawyer for more details
Divorce And Custody... Please Help?!?!?
My Husband And I Seperated In March, And On July 13Th He Moved To Ohio And Took Our Son With Him Without Telling Me. July 15Th And I Went And Filed For Divorce And Custody. He Didn'T Tell Anyone On My Side Of The Family That He Was Moving And He Even Moved On A Night That Was Supposed To Be My Night With My Son. With What He Did, Will That Help My Chances Of Getting Custody Of My Son?
Please, Give Me Any Advice Or Information You Could Possibly Know! Please!
ok first I have been through a similar situation with my future step daughter and despite what people tell you YES if a custodial parent takes a child without the other parents permission and leaves the state (unless they have sole legal and physical custody) it is Parental Kidnapping (also called custodial interference. I am so sick of people not knowing this. YOU are doing the right thing in filing for divorce and custody and until a custody agreement is settled in court you have all the same custodial rights as him so it is kidnapping.
Her are steps to follow originally from the american bar association and the center for missing and exploited children when your child has been parentally kidnapped
I unfortunately cannot find the original american bar association parental abduction plan of action because it list s the laws and the 3 different types of arrest warrants you can get.
Google child custody interference laws for your state.
Unfortunately as I have found out from personal experience many law enforcement officials are as uneducated on parental abductions thinking they can't do anything without court papers as some of the people answering here. You have to have the paperwork in front of you call 1 800 the lost and they can direct you.
Even if someone unknowledgable above said "he shows good reason" it is against the law for him to take your son without proper notification and your permission. And taking a child in violation of the law is never considered in the best interest of the child
What'S Best Way To Answer Law Exam Questions?
Criminal Law Case Study Exam..
Use the IRAC method. Not only will your law school professors prefer it, but the bar examiners prefer for you to answer in this fashion. It stands for Issue, Rule, Analysis, Conclusion. That's the order that you need to answer everything in. There are a lot of materials out there on how to properly use IRAC, including those in the bar review courses like BarBri and PMBR and also Emmanuel's Study Guides. Here's a pretty good review of how to break down IRAC:
Issue Section of an IRAC
The IRAC starts with a statement of the issue or question at hand. In the issue section of an IRAC it is important to state exactly what the question in law is. It is also equally important to stay away from including rules or analysis as it confuses the proper use of the methodology.
Rules Section of an IRAC
The rules section of an IRAC follows the statement of the issue at hand. The rule section of an IRAC is the statement of the rules pertinent in deciding the issue stated. Rules in a common law jurisdiction derive from court case precedent and statute. The information included in the rules section depends heavily on the specificity of the question at hand. If the question states a specific jurisdiction then it is proper to include rules specific to that jurisdiction. Another distinction often made in the rule section is a clear delineation of rules that are in holding and rules that are dicta. This helps make a correct legal analysis of the issue at hand. The rules section needs to be a legal summary of all the rules used in the analysis and is often written in a manner which paraphrases or otherwise analytically condenses information into applicable rules.
Analysis Section of an IRAC
The analysis section of an IRAC applies the rules developed in the rules section to the specific facts of the issue at hand. This section uses only the rules stated in the rules section of the IRAC and usually utilizes all the rules stated including exceptions as is required by the analysis. It is important in this section to apply the rules to the facts of the case and explain or argue why a particular rule applies or does not apply in the case presented. The analysis section is the most important section of an IRAC because it develops the answer to the issue at hand.
Conclusion Section of an IRAC
The conclusion section of an IRAC directly answers the question presented in the issue section of the IRAC. It is important for the methodology of the IRAC that the conclusion section of the IRAC not introduce any new rules or analysis. This section restates the issue and provides the final answer.