Finding A Skilled Lawyer Regardless of what your legal needs are you will recognize that there are many lawyers in the area that advertise they specialize in your kind of case. This could make the whole process of finding one with significant amounts of experience somewhat of a challenge. However, when you follow the following it will be easy to narrow down your pursuit to the right one in very little time. The initial step is to create a selection of the lawyers that are listed in your neighborhood specializing in your situation. While you are making this list you should only include those that you have a good vibe about depending on their advertisement. After that you can narrow this list down through taking a little while evaluating their webpage. There you must be able to find just how many years they are practicing and a few general details about their success rates. At this moment your list should have shrunken further to people which you felt had professional websites as well as an appropriate level of experience. You ought to then make time to search for independent reviews for each attorney. Make sure to see the reviews instead of just relying on their overall rating. The data from the reviews will give you a concept of the direction they connect to their customers and how much time they invest into each case that they are working on. Finally, it is advisable to meet up with at the very least the very last three lawyers who have the credentials you are interested in. This gives you the time to really evaluate how interested they can be in representing both you and your case. It is crucial for you to follow all of these steps to actually find a person which includes the proper degree of experience to obtain the very best outcome.
ACTIONPages is your local directory publisher. Serving markets in Arizona, California, Washington, and Canada. ACTIONPages the best local choice for cost-effective advertising.
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.
Can You Terminate A Fathers Rights?
My Friend Is 19 And Her Boyfriend Is 17. She Just Found Out That She Is Pregnant And Wants To Terminate The Fathers Rights. Can She Do This With Out His Permission?
I am in no way recommending this, but she doesn't have to list him on the birth certificate / sign parentage papers (usually required when the parents are unmarried) and could deny he is the father. But he can petition the court for a DNA test and get himself added to the BC if he was ambitious enough to get a lawyer and follow through.
She shouldn't do that though, because someone needs to be financially responsible for this child. Just because someone is listed as the father and child support can be ordered doesn't automatically grant custody or visitation rights to the father. If she has evidence on why he should not be allowed to access the child, she brings that evidence before the judge and the judge decides.
Even if she thinks right now that she can afford to raise this child on her own, she is being very short sighted. What about 10 years from now? Can your guarantee the economy won't take a nosedive and she will easily keep a job and make enough money for savings? What if there is some huge health crisis or accident that results in lost wages and huge hospital expenses? She needs the financial support from this guy, if for nothing else than to stick it into a savings account for college for the child.
If she truly decides she doesn't want him involved at all and he agrees to it, sometimes a court will allow termination of parental rights, but usually it's in rare circumstances such as if the mother is getting married to another man and the other man is going to legally adopt the child.
The courts do not want to "bastardize" children, what that means is having children with no father listed, because more women would end up on welfare and the state has nobody to collect from.
Among These 3 Profession, Doctor, Lawyer And Teacher, Which One You Would Prefer To Be And Why?
Lawyer, because you don't have to go through 9 years of collage like you would for a doctor. Also you make more than a teacher. You can't really live off a teacher's salary. Also wen picking one think... Which one isn't stressful(teaching may be stressful), Which one pays good, and which one would you enjoy?
I Need To Find A Lawyer. What Kind Of One ?
I Need To Find A Lawyer For This Problem I Am Having With This Carlot. I Have The Paperwork They Gave Me And They Said They Want Their Truck Back. It Really Hard To Understand. I Need To Contact A Lawyer. I Don'T Want Any Trouble .
This part is easy
Go online to www.martindale.com
Your state, your city, look for a civil lawyer [civil law attorney]
Start calling lawyers to get an appointment.
Another way is to call the local "bar association" and see if they have a "lawyer referral service." If so, for a small fee you can meet with a lawyer for about 1/2 hour and discuss your problem.
Los Angeles Employment Lawyers Referral?
I Am Looking For A Referral For A Labor And Employment Lawyer In Los Angeles. My Job Classifies As Independent Contractors Even Though We Do Not Do Any Managing Or Supervisor Duties. We Are Not Being Paid Overtime Beyond 8 Hours Every Day Or 40 Hours In A Week, Do Not Receive Meal And Rest Breaks And Are Not Reimbursed For Business Expenses Such As Mileage And Uniforms.
as an independent contractor you work for yourself as already noted.
some (actually many) companies classify employees "incorrectly" as independent contractors.
these links explain the differences
if you feel you are mis-classified you should contact the department of labor not an attorney.....
to file a claim with the department of labor: