Erb's palsy is the most common form of brachial plexus injury. The brachial plexus is a network of nerves. It is responsible for transmitting signals from the cervical spinal cord to the shoulder, arm, and hand.
In medical language “brachial” refers to the arm while “plexus” refers to a network of nerves.
Injury to the nerves of the brachial plexus can result in either partial or total paralysis of shoulder, arm, or hand muscles.
In most cases, damage to the brachial plexus happens at birth.
Erb's Palsy is a nerve injury that can hinder or limit the movement of a child's shoulder, arm, and hand.
The main cause of Erb's Palsy is too much force applied to the baby's head while trying to pull him or her out of the birth canal. When the shoulder of too large a baby is stuck in the birth canal, it is called “shoulder dystocia.”
A network of nerve fibers called the “brachial plexus,” or Erb's Point between the shoulder and the neck provide movement to the arm, hand, and fingers.
At birth, when the doctor pulls too hard on the baby's head, the nerve fibers become stretched resulting in an injury that can become permanent.
In most cases injury to these nerves are mild, and the baby eventually regains movement in a few months. Unfortunately, about 20% of Erb's palsy cases are so severe that the nerves are actually avulsed (torn from their points of attachment to the spine), or they may be ruptured, so that paralysis of the arm and shoulder is permanent.
If you believe your child acquired Erb’s palsy because of medical malpractice, please contact an Erb’s palsy attorney or doctor malpractice lawyer.
Please be aware that the law sets a time limit (called Medical Malpractice Statute of Limitations) for bringing an action against a physician or obstetrician for doctor malpractice. You need to act now by consulting an Erb's palsy lawyer or attorney and ask him about your available rights and options under the law.
Monday, November 10, 2008
Wednesday, November 5, 2008
Doctor charged of malpractice for not giving enough pain medicine
This is a civil case involving a doctor found liable for medical or doctor malpractice on the grounds of recklessness and abuse for not prescribing enough pain medication to a patient who later died of cancer.
In their suit, plaintiffs alleged that the defendant doctor was reckless in not prescribing sufficient medication to ease their father's suffering.
After six days in the hospital, the 85-year-old patient was discharged where he died in his home three days later of lung cancer.
Plaintiffs charged that, under California state law, the lack of treatment is tantamount to elder abuse.
During the trial, the doctor said that he followed established standards in prescribing pain medication to plaintiffs' father. His malpractice attorney also argued neither the patient nor his family requested that the doctor prescribe more pain medication to alleviate the suffering.
The doctor's lawyer said he would appeal the verdict.
This is the first verdict in a lawsuit involving doctor malpractice under California's Elder Abuse and Dependent Adult Civil Protection Act.
Under the act, survivors may sue for a patient's pain and suffering, which is a break with malpractice standards.
The standard of proof in this type of case is much higher than for a medical or doctor malpractice lawsuit.
It must be established that the doctor was reckless, and not simply negligent as is required to prove doctor malpractice.
Under the act, plaintiffs may also be entitled to punitive damages for pain and suffering, but in this case, because the jurors deadlocked 8-4 on the question of whether the doctor demonstrated malice or oppression of an elderly person, no punitive damages were awarded.
In their suit, plaintiffs alleged that the defendant doctor was reckless in not prescribing sufficient medication to ease their father's suffering.
After six days in the hospital, the 85-year-old patient was discharged where he died in his home three days later of lung cancer.
Plaintiffs charged that, under California state law, the lack of treatment is tantamount to elder abuse.
During the trial, the doctor said that he followed established standards in prescribing pain medication to plaintiffs' father. His malpractice attorney also argued neither the patient nor his family requested that the doctor prescribe more pain medication to alleviate the suffering.
The doctor's lawyer said he would appeal the verdict.
This is the first verdict in a lawsuit involving doctor malpractice under California's Elder Abuse and Dependent Adult Civil Protection Act.
Under the act, survivors may sue for a patient's pain and suffering, which is a break with malpractice standards.
The standard of proof in this type of case is much higher than for a medical or doctor malpractice lawsuit.
It must be established that the doctor was reckless, and not simply negligent as is required to prove doctor malpractice.
Under the act, plaintiffs may also be entitled to punitive damages for pain and suffering, but in this case, because the jurors deadlocked 8-4 on the question of whether the doctor demonstrated malice or oppression of an elderly person, no punitive damages were awarded.
Medical malpractice statute of limitations
If you believe that you are a victim of medical or doctor malpractice, then you need to know that there is a time limit, called the Medical Malpractice Statute of Limitations, within which to file a doctor malpractice lawsuit or complaint.
Here is a list of medical malpractice statute of limitations. This list is intended only as rough guide and is not comprehensive.
Keep in mind that there are exceptions to medical malpractice statute of limitations as well as other time periods that apply to particular cases.
To know your rights and what options are available to you under the law, and how much time you have left to file a medical lawsuit, you must consult a medical lawyer or medical attorney without delay.
Also, in many states, there exist special rules as well as exceptions for medical or doctor malpractice cases. Here are a few examples:
Statutes of repose can also place absolute time limits on these exceptions.
Almost all states have these rules and exceptions.
Therefore you should not simply rely on the general rule, but should consult a medical lawyer or medical attorney as regards specific rules and exceptions in your state governing medical or doctor malpractice statutes of limitations.
ALA - 2 years medical malpractice statute of limitations. Ala. Code § 6-5-482.
ARK - 2 years medical malpractice statute of limitations. Ark. Code Ann. § 16-114-203.
CA - California - 1 year medical malpractice statute of limitations. Cal. Civ. Proc. Code § 340.5.
CT - Connecticut - 2 years medical malpractice statute of limitations. Conn. Gen. Stat. Ann. § 52-584.
FL - 2 years medical malpractice statute of limitations. Fla. Stat. Ann. § 95.11(4)(b).
GA -2 year statute of limitations. Ga. Code Ann. § 9-3-71.
ILL -2 years medical malpractice statute of limitations. 735 Ill. Comp. Stat. Ann. § 5/13-212.
IND - 2 years medical malpractice statute of limitations. Code Ann. § 34-18-7-1.
LA - 1 year medical malpractice statute of limitations. La. Rev. Stat. Ann. § 9:5628.
MD - 5 years from the negligence or 3 years from discovery, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109.
MA - Massachusetts - 3 years medical malpractice statute of limitations. Mass. Ann. Laws ch. 260, § 4.
MICH - 2 medical malpractice statute of limitations. Laws Ann. §§ 600.5805(5) and 600.5838a.
MN - 2 years medical malpractice statute of limitations. Ann. § 541.07.
MISSISSIPPI - 2 years medical malpractice statute of limitations. Miss. Code Ann. § 15-1-36.
MO - 2 years medical malpractice statute of limitations. Mo. Ann. Stat. § 516.105.
NH - 2 years. statute for med mal, N.H. Rev. Stat. Ann. § 507-C:4, seems to conflict with the statute of limitations for personal injury of 3 years N.H. Rev. Stat. Ann. § 508:4. You should consult a New Hampshire Medical Attorney to determine the accurate time limit.
NJ - New Jersey - 2 years medical malpractice statute of limitations. N.J. Stat. Ann. § 2A:14-2; N.J. Stat. Ann. § 2A:14-21; N.J. Stat. Ann. § 2A:31-3.
NY - New York - 2 1/2 years medical malpractice statute of limitations. N.Y. C.P.L.R. § 214a.
NC - North Carolina - 3 yrs medical malpractice statute of limitations. N.C. Gen. Stat. §§ 1-15 and 1-52(16)
OH - OHIO - 1 year medical malpractice statute of limitations. Ohio Rev. Code Ann. § 2305.11(B)(1).
PA - Pennsylvania - 2 years medical malpractice statute of limitations. 42 Pa. Cons. Stat. Ann. § 5524.
RI - 3 years medical malpractice statute of limitations. R.I. Gen. Laws §§ 9-1-14.1 and 10-7-2 (1997).
SC - 3 years medical malpractice statute of limitations. S.C. Code Ann. § 15-3-545.
TN - 1 year medical malpractice statute of limitations. Tenn. Code Ann. § 29-26-116.
TX - 2 years medical malpractice statute of limitations. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 10.01.
VA - Virginia - 2 years medical malpractice statute of limitations. Va. Code Ann. § 8.01-243.
W. VA. - 2 years medical malpractice statute of limitations. W. Va. Code § 55-7B-4.
WI - 3 years medical malpractice statute of limitations. Wis. Stat. Ann. § 893.55(1).
Here is a list of medical malpractice statute of limitations. This list is intended only as rough guide and is not comprehensive.
Keep in mind that there are exceptions to medical malpractice statute of limitations as well as other time periods that apply to particular cases.
To know your rights and what options are available to you under the law, and how much time you have left to file a medical lawsuit, you must consult a medical lawyer or medical attorney without delay.
Also, in many states, there exist special rules as well as exceptions for medical or doctor malpractice cases. Here are a few examples:
- In many states minors can have the medical malpractice statute of limitations stopped or “tolled” until they have reached the age of majority.
- In many states, the medical malpractice statute of limitations can be tolled for incapacity.
- Usually a provision exists in the statute that does not start the medical malpractice statute of limitations running until the victim knew or “should have known” about the medical or doctor malpractice.
- Sometimes doctor malpractice is difficult to find in a timely manner as in cases where hidden surgical instruments or “foreign objects” are involved. In cases like these, special rules apply for doctor malpractice.
Statutes of repose can also place absolute time limits on these exceptions.
Almost all states have these rules and exceptions.
Therefore you should not simply rely on the general rule, but should consult a medical lawyer or medical attorney as regards specific rules and exceptions in your state governing medical or doctor malpractice statutes of limitations.
ALA - 2 years medical malpractice statute of limitations. Ala. Code § 6-5-482.
ARK - 2 years medical malpractice statute of limitations. Ark. Code Ann. § 16-114-203.
CA - California - 1 year medical malpractice statute of limitations. Cal. Civ. Proc. Code § 340.5.
CT - Connecticut - 2 years medical malpractice statute of limitations. Conn. Gen. Stat. Ann. § 52-584.
FL - 2 years medical malpractice statute of limitations. Fla. Stat. Ann. § 95.11(4)(b).
GA -2 year statute of limitations. Ga. Code Ann. § 9-3-71.
ILL -2 years medical malpractice statute of limitations. 735 Ill. Comp. Stat. Ann. § 5/13-212.
IND - 2 years medical malpractice statute of limitations. Code Ann. § 34-18-7-1.
LA - 1 year medical malpractice statute of limitations. La. Rev. Stat. Ann. § 9:5628.
MD - 5 years from the negligence or 3 years from discovery, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109.
MA - Massachusetts - 3 years medical malpractice statute of limitations. Mass. Ann. Laws ch. 260, § 4.
MICH - 2 medical malpractice statute of limitations. Laws Ann. §§ 600.5805(5) and 600.5838a.
MN - 2 years medical malpractice statute of limitations. Ann. § 541.07.
MISSISSIPPI - 2 years medical malpractice statute of limitations. Miss. Code Ann. § 15-1-36.
MO - 2 years medical malpractice statute of limitations. Mo. Ann. Stat. § 516.105.
NH - 2 years. statute for med mal, N.H. Rev. Stat. Ann. § 507-C:4, seems to conflict with the statute of limitations for personal injury of 3 years N.H. Rev. Stat. Ann. § 508:4. You should consult a New Hampshire Medical Attorney to determine the accurate time limit.
NJ - New Jersey - 2 years medical malpractice statute of limitations. N.J. Stat. Ann. § 2A:14-2; N.J. Stat. Ann. § 2A:14-21; N.J. Stat. Ann. § 2A:31-3.
NY - New York - 2 1/2 years medical malpractice statute of limitations. N.Y. C.P.L.R. § 214a.
NC - North Carolina - 3 yrs medical malpractice statute of limitations. N.C. Gen. Stat. §§ 1-15 and 1-52(16)
OH - OHIO - 1 year medical malpractice statute of limitations. Ohio Rev. Code Ann. § 2305.11(B)(1).
PA - Pennsylvania - 2 years medical malpractice statute of limitations. 42 Pa. Cons. Stat. Ann. § 5524.
RI - 3 years medical malpractice statute of limitations. R.I. Gen. Laws §§ 9-1-14.1 and 10-7-2 (1997).
SC - 3 years medical malpractice statute of limitations. S.C. Code Ann. § 15-3-545.
TN - 1 year medical malpractice statute of limitations. Tenn. Code Ann. § 29-26-116.
TX - 2 years medical malpractice statute of limitations. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 10.01.
VA - Virginia - 2 years medical malpractice statute of limitations. Va. Code Ann. § 8.01-243.
W. VA. - 2 years medical malpractice statute of limitations. W. Va. Code § 55-7B-4.
WI - 3 years medical malpractice statute of limitations. Wis. Stat. Ann. § 893.55(1).
Baby brain damage lawsuit settled for $4.85 million
Minor plantiff's mother was expecting the birth of her first child and was sent to the hospital for Pregnancy Induced Hypertension evaluation. On June 6, 1998, after a reactive Non-Stress Test the plaintiff's mother was sent home to resume normal activity.
On July 13, 1998, the mother was again seen for a prenatal visit and sent to the hospital for evaluation of decreased fetal movement. During this visit the mother had another reactive NST and PIH labs that returned normal results.
The exam notes positive fetal movement and the mother was sent home on PIH precautions with instructions to come back the next day for a blood pressure check.
On July 14, the mother returned for a scheduled blood pressure check. During this visit, the mother was having irregular contractions, which was noted, and again she was sent home with PIH precautions. On this date, there was no mention whatsoever of any decreased fetal movement .
The following day, July 15, the mother called her doctor to report decreased fetal movement. She was told to drink something sweet and if there was no improvement in an hour, then she should go to the hospital.
When things didn't improve the mother went to the hospital where she was sent to the triage area of Labor and Delivery for an NST, which was Non-Reactive. The doctors then ordered a Biophysical Profile which was noted to be 2/8 (2 for fluid). That score would have been 8/8 for a normal and healthy child.
The NST and BPP were both clearly abnormal and indicated an urgent need to immediately have the child delivered.
The defendant obstetricians were aware, as early as 6 p.m. on July 15, of the non-reassuring fetal testing. However, instead of moving for immediate cesarean section operation, the defendants doctors performed an oxytocin challenge test (OCT). The minor plaintiff's mother was put on the fetal monitor at 6:35 p.m. and the OCT was started at 7:10 p.m.
Record indicates strong, regular contractions at 7:15 p.m. Later on the defendant nurse testified that she was listening to the baby’s heart rate and after the contraction ended she was hearing the heart rate go down.
The nurse said that the strip for the first 20 to 25 minutes of the test was not reactive, with minimal variability. The medical record did not show any indication that the attending doctor performed an exam to ensure fetal well being. Despite the strips, the Pitocin was increased and the challenge test continued.
Medical record reveals that at 8:00 p.m. the attending obstetrician studied the fetal monitor tapes. In spite of what he saw on the strips he failed to order an immediate c-section.
It was only after 9:00 p.m. when the plaintiff's mother ruptured her membranes that revealed meconium stained fluid when the decision for a c-section was made.
The baby was delivered at 10:04 p.m., with apgar scores of 1/4/7/8 at 1, 5, 10 and 15 minutes, respectively.
Soon after delivery, the minor plaintiff developed multiple medical problems indicating severe hypoxic ischemic encephalopathy also known as brain damage.
After discharge, the baby was diagnosed with cerebral palsy, acquired microcephaly and spastic quadriparesis.
Today the child continues to have seizures, feeds by G-tube, cannot speak, cannot sit unsupported and is confined to a wheelchair.
During the course of litigation, the defendants said that the standard of care allowed for a “Trial of Labor” or oxytocin challenge test (OCT) in the setting of a non-reactive non-stress test and abnormal BPP.
The defense also alleged that the child's injuries occurred within 12 to 24 hours before the mother’s arrival to the hospital on July 15, and that earlier delivery would not have improved the baby's condition at birth.
Trial was schedule to begin on June 2, 2008, but was settled for $4.85 million before that time.
On July 13, 1998, the mother was again seen for a prenatal visit and sent to the hospital for evaluation of decreased fetal movement. During this visit the mother had another reactive NST and PIH labs that returned normal results.
The exam notes positive fetal movement and the mother was sent home on PIH precautions with instructions to come back the next day for a blood pressure check.
On July 14, the mother returned for a scheduled blood pressure check. During this visit, the mother was having irregular contractions, which was noted, and again she was sent home with PIH precautions. On this date, there was no mention whatsoever of any decreased fetal movement .
The following day, July 15, the mother called her doctor to report decreased fetal movement. She was told to drink something sweet and if there was no improvement in an hour, then she should go to the hospital.
When things didn't improve the mother went to the hospital where she was sent to the triage area of Labor and Delivery for an NST, which was Non-Reactive. The doctors then ordered a Biophysical Profile which was noted to be 2/8 (2 for fluid). That score would have been 8/8 for a normal and healthy child.
The NST and BPP were both clearly abnormal and indicated an urgent need to immediately have the child delivered.
The defendant obstetricians were aware, as early as 6 p.m. on July 15, of the non-reassuring fetal testing. However, instead of moving for immediate cesarean section operation, the defendants doctors performed an oxytocin challenge test (OCT). The minor plaintiff's mother was put on the fetal monitor at 6:35 p.m. and the OCT was started at 7:10 p.m.
Record indicates strong, regular contractions at 7:15 p.m. Later on the defendant nurse testified that she was listening to the baby’s heart rate and after the contraction ended she was hearing the heart rate go down.
The nurse said that the strip for the first 20 to 25 minutes of the test was not reactive, with minimal variability. The medical record did not show any indication that the attending doctor performed an exam to ensure fetal well being. Despite the strips, the Pitocin was increased and the challenge test continued.
Medical record reveals that at 8:00 p.m. the attending obstetrician studied the fetal monitor tapes. In spite of what he saw on the strips he failed to order an immediate c-section.
It was only after 9:00 p.m. when the plaintiff's mother ruptured her membranes that revealed meconium stained fluid when the decision for a c-section was made.
The baby was delivered at 10:04 p.m., with apgar scores of 1/4/7/8 at 1, 5, 10 and 15 minutes, respectively.
Soon after delivery, the minor plaintiff developed multiple medical problems indicating severe hypoxic ischemic encephalopathy also known as brain damage.
After discharge, the baby was diagnosed with cerebral palsy, acquired microcephaly and spastic quadriparesis.
Today the child continues to have seizures, feeds by G-tube, cannot speak, cannot sit unsupported and is confined to a wheelchair.
During the course of litigation, the defendants said that the standard of care allowed for a “Trial of Labor” or oxytocin challenge test (OCT) in the setting of a non-reactive non-stress test and abnormal BPP.
The defense also alleged that the child's injuries occurred within 12 to 24 hours before the mother’s arrival to the hospital on July 15, and that earlier delivery would not have improved the baby's condition at birth.
Trial was schedule to begin on June 2, 2008, but was settled for $4.85 million before that time.
Monday, November 3, 2008
Delayed diagnosis of a four year old
This is a doctor malpractice case involving delayed diagnosis of a four year old girl.
The little girl had a rhabdomyosarcoma. It is a very treatable type of cancer -- if caught early. However, it took her pediatricians five months to diagnosis her ailment.
The child's mother initially informed the doctor that her daughter was constantly leaking urine. The urinalysis and urine culture that the pediatrician ordered turned out to be negative.
The mother called two more times, but the doctor simply told her that it was a behavioral issue and that they wouldn't examine her daughter.
Desperate, the mother used her son's appointment so the doctor would examine her daughter but was again refused.
When it was finally discovered that the child had a malignant growth in her bladder, her parents sued the defendants for physician or doctor malpractice.
Plaintiffs' claim in this case was that the defendants should have sent the child for an ultrasound. That would have revealed the cancer in her bladder.
Plaintiffs further claimed that if it weren't for the delayed diagnosis, the little girl's bladder, which was surgically removed, would have been saved.
Now, there is a need for self-catheterization through a hole in the child's belly button throughout her lifetime.
The defense said that this was not a case of doctor malpractice. There was no delayed diagnosis, since the mother could not prove she made the phone calls to their office making the complaints. No record of said phone calls were found.
The defense argued that they examined the child every time the mother asked for her daughter to be seen. They denied having refused to see her.
Defense said the mother tried to blame them for her own failings since the mother felt guilty about not bringing any complaints after the urinalysis was done.
The defense also said that since the tumor was located in the base of the bladder, the bladder will have to be completely removed anyway.
It is a medical fact that all tumors in the base of the bladder need total excision of the bladder. This was the defense' best argument.
Defense further argued for the plaintiffs to claim that five months earlier, radiation would have totally eliminated the tumor was merely speculative.
Both parties presented very qualified medical expert witnesses.
After five days of trial in Delaware County the four-year-old girl received a $750,000 settlement against her pediatricians for doctor malpractice, which in this case was a negligent delay in diagnosing her cancer of the bladder.
The little girl had a rhabdomyosarcoma. It is a very treatable type of cancer -- if caught early. However, it took her pediatricians five months to diagnosis her ailment.
The child's mother initially informed the doctor that her daughter was constantly leaking urine. The urinalysis and urine culture that the pediatrician ordered turned out to be negative.
The mother called two more times, but the doctor simply told her that it was a behavioral issue and that they wouldn't examine her daughter.
Desperate, the mother used her son's appointment so the doctor would examine her daughter but was again refused.
When it was finally discovered that the child had a malignant growth in her bladder, her parents sued the defendants for physician or doctor malpractice.
Plaintiffs' claim in this case was that the defendants should have sent the child for an ultrasound. That would have revealed the cancer in her bladder.
Plaintiffs further claimed that if it weren't for the delayed diagnosis, the little girl's bladder, which was surgically removed, would have been saved.
Now, there is a need for self-catheterization through a hole in the child's belly button throughout her lifetime.
The defense said that this was not a case of doctor malpractice. There was no delayed diagnosis, since the mother could not prove she made the phone calls to their office making the complaints. No record of said phone calls were found.
The defense argued that they examined the child every time the mother asked for her daughter to be seen. They denied having refused to see her.
Defense said the mother tried to blame them for her own failings since the mother felt guilty about not bringing any complaints after the urinalysis was done.
The defense also said that since the tumor was located in the base of the bladder, the bladder will have to be completely removed anyway.
It is a medical fact that all tumors in the base of the bladder need total excision of the bladder. This was the defense' best argument.
Defense further argued for the plaintiffs to claim that five months earlier, radiation would have totally eliminated the tumor was merely speculative.
Both parties presented very qualified medical expert witnesses.
After five days of trial in Delaware County the four-year-old girl received a $750,000 settlement against her pediatricians for doctor malpractice, which in this case was a negligent delay in diagnosing her cancer of the bladder.
Saturday, November 1, 2008
Cerebral palsy and medical lawsuits
Cause of action
You have a legal cause for medical or doctor malpractice if any or both conditions are true:
Damages
Other experts are also needed ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.) to other experts needed to prove the injuries and damages suffered by the child and the parents.
Cerebral palsy attorneys' fees
All cases are handled on a contingency fee basis. This means that unless a recovery has been made, the cerebral palsy attorneys will not charge for their time, expenses or other costs incurred in pursing the case. If a settlement has been made, then the cerebral palsy attorneys will receive their fee and legal costs expended on the case. All attorney's fee contracts should always be in writing, clearly stating the terms of the contract.
Other expenses and costs
The client's file contain a record of all expenses and costs in the case. The record is open for viewing and backed up by written documentation. In the majority of cases that involve severe injuries to a child, the local court judge will assign an attorney (often at the defendant's cost) to review the facts, allegations, and evidence of the case and the expenses.
This attorney will actually appear before the court and present to the judge his or her recommendation to the settlement.
This procedure is designed to protect the child’s interest, to prevent parents or guardians from taking advantage of the settlement and to insure that the money set aside for the child will always be available when the child needs them and not wasted by others.
You have a legal cause for medical or doctor malpractice if any or both conditions are true:
- Your baby has been diagnosed with Cerebral Palsy and you have reason believe that the doctors', nurses', and hospital staff's actions or omissions were the cause of your child’s present condition.
- You have been informed that the diagnosis or symptoms indicate that a birth trauma or birth injury may have injured your child.
- There must be a negligent act and/or omission by any medical professional, which includes doctors, hospitals, nurses and other health care provider.
- The negligent act or omission must be the proximate cause or contributed to the injuries or damages to the child.
- there must be a departure from the generally accepted standard of care that caused the injury.
Damages
Other experts are also needed ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.) to other experts needed to prove the injuries and damages suffered by the child and the parents.
Cerebral palsy attorneys' fees
All cases are handled on a contingency fee basis. This means that unless a recovery has been made, the cerebral palsy attorneys will not charge for their time, expenses or other costs incurred in pursing the case. If a settlement has been made, then the cerebral palsy attorneys will receive their fee and legal costs expended on the case. All attorney's fee contracts should always be in writing, clearly stating the terms of the contract.
Other expenses and costs
The client's file contain a record of all expenses and costs in the case. The record is open for viewing and backed up by written documentation. In the majority of cases that involve severe injuries to a child, the local court judge will assign an attorney (often at the defendant's cost) to review the facts, allegations, and evidence of the case and the expenses.
This attorney will actually appear before the court and present to the judge his or her recommendation to the settlement.
This procedure is designed to protect the child’s interest, to prevent parents or guardians from taking advantage of the settlement and to insure that the money set aside for the child will always be available when the child needs them and not wasted by others.
Cerebral palsy information
Cerebral palsy is a medical condition caused by damage to the brain. Often, this condition occurs immediately before, during or shortly after birth. Cerebral palsy results in a loss of voluntary muscular control and coordination.
Types of cerebral palsy:
Cerebral palsy is incurable, but with the right therapy, education and a lot of medical assistance, some patients were able to lead productive lives.
In severe cases, however, where there is total loss of coordination or even paralysis, patients may be totally dependent on external assistance from family and medical communities throughout their entire lives.
One of the causes of Cerebral Palsy is lack of oxygen during birth.
Oxygen deprivation that leads to cerebral palsy can be due to a number of reasons:
Here's a list of some important cerebral palsy symptoms:
If your child has been diagnosed with cerebral palsy, and you believe that it may have been caused by a medical mistake or medical negligence (doctor malpractice), then read more about cerebral palsy law, where to find cerebral palsy attorneys and how to file a malpractice or medical lawsuit.
Types of cerebral palsy:
Cerebral palsy is incurable, but with the right therapy, education and a lot of medical assistance, some patients were able to lead productive lives.
In severe cases, however, where there is total loss of coordination or even paralysis, patients may be totally dependent on external assistance from family and medical communities throughout their entire lives.
One of the causes of Cerebral Palsy is lack of oxygen during birth.
Oxygen deprivation that leads to cerebral palsy can be due to a number of reasons:
- Premature separation of the placenta,
- baby is too large for the birth canal or pelvis,
- too long or too abrupt of labor,
- awkward and/or breech deliveries,
- cord entanglement,
- excessive pitocin,
- shoulder dystocia,
- failure to order timely cesarean (c-section),
- placenta abruptus,
- excessive force or use of vacuum or forceps, and
- ruptured uterus.
- low apgar scores,
- acidosis (low ph),
- blue skin tone,
- seizures,
- cerebral edema,
- difficulty breathing on its own, and
- severely bruised at birth (this may serve as evidence of forced delivery or excessive trauma).
Here's a list of some important cerebral palsy symptoms:
- Hypoxic-ischemic encephalopathy,
- birth asphyxia ,
- static encephalopathy ,
- neonatal depression ,
- traumatic birth, and
- developmental delays.
If your child has been diagnosed with cerebral palsy, and you believe that it may have been caused by a medical mistake or medical negligence (doctor malpractice), then read more about cerebral palsy law, where to find cerebral palsy attorneys and how to file a malpractice or medical lawsuit.
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