BPI Legal case win for mom

[richinma2005]

http://www.iol.co.za/news/crime-courts/ ... -1.1595748

Durban - The mother of a six-year-old boy who was unable to use his left arm because staff at the Newcastle provincial hospital were negligent when he was born, was elated on Monday when she heard the provincial Health Department would have to pay damages amounting to R1.24 million.

“They failed to ensure that the child was successfully delivered without complications,” said the papers.

The department employees had also failed to adopt alternative ways to deliver the child, other than through natural birth, and failed to deliver the child without causing brachial plexus palsy (when the nerves that control the muscles of the arm have been damaged).

This was caused because they had attempted to deliver the child without first ensuring that his shoulders were released from the birth passage.

The boy was unable to use his left arm and would require further hospital treatment and medical attention.

“All the money in the world will not allow the child to live like other little children his age. However, the compensation will make life a little bit easier for the child and for his family.”

[Master DIVER TOM]

I know that postings of Verdict wins is a good thing to do
There are many parents in a case or thinking about doing one .
Everything I wrote in the last Verdict win post that got locked,But I do understand why. What I did outline in my post there was my approach in dealing with a birth injury case. The outline I gave was to help a parent with there case and the information I gave was to help lawyers with these case to.
I had more challenges trying to learn to adapt my way with birth erbs overtime and so many here posting to, there really is no money enough because , No one can help you adapt There is awards for emotion issues for the child and the parents, and something to talk to your lawyer about. There is also the challenge of finding the right doctor in time, by so many post. I believe that a delivering doctor and hospital is negligent by not giving a referral to the parents at time of discharge. There is a absolute need to find a doctor who can help in time for these birth injuries . You would think Insurance company would get more involve with these cases to, because of cost and the issue of being malpractice?? Because there is so many of these birth injuries by birthing tools , that there might be a product liability issue to?? How much training does a delivery doctor have in using these birthing tools?? I n the 50s with my birth erbs a forceps was used on me and also broke my scapula and elbow to. I am glad that parent do go after the doctors today, In the 50s there was no court for these birth injury for me, But I am glad there are verdict like this one and the other lawyers win to In a verdict win or settlement, should help the parent pay outstanding bills and travel and for the emotional harm to the child and parents. The money will not help the child growing up with these injuries but will help them pay for a education to learn to work latter in life there way. The award will help in paying for further NEEDED treatments and surgeries in the future to, when you can find that doctor that can help, Life long quest on that .
What I learned from a discrimination case that ended in a gag order was how to gather information for a lawyer and wanted to share . The more records you can find and get will help seeing a lawyer and furthering your case. I know that lawyers deal with many cases and I know that I new more about my case and record than the lawyer did over the course of my case. My lawyer was always fobbing my file for supportive record, ware I new the record more . There is a doctors option and there-is records you find or can get. Records speak louder in proving a case, than option reminding a lawyer about the record at hand ,happens . Because of case load I guess
It not what you say as much as what record support your position and reminding your lawyer of it . In a birth injury case there is always a charge for birthing tools used in delivery that caused these injuries, like a smoking gun, Forceps got me at birth
Awarness comes in court cases too


I hope this help
Just,
To

[determined]

We are looking for an experienced attorney for my grandaughter's case. Would you mind telling me which attorney handles this case? Does anyone else know of a good lawyer?

[Master DIVER TOM]

I will try to help
Mine you I drove a semi and my experience Is from dealing with a Wc case a discrimination case ( Gag order) and applying for a SSDI with no lawyer and won without a appeal, Turned out , when you end up with 2 screwed up arms, well I guess getting a lawyer did not matter??

So anyway lets start by finding a Lawyer,

Search the web for birth injuries and malpractice practice lawyers , in your state and nearest town by you
Get all medical records you can together before you see the lawyer, The detail billing for deliver might show what tool was used in delivery ? Very important if a tool was used, At birth The doctor used a forceps on me giving me a injury of birth erbs, broke my scapula to. It seems that when you put a deliver situation with a tool in a doctors hand is suspect to the injuries caused at birth, What training and experience did the doctor have with the tool used???
Oh I have is issues with delivery tools I also know there outcome. It seems hospital billing for tools used in a delivery , could help more in winning cases???
When you do get a lawyer remember to ,get all the medical records you can together, Thing is the more record you get the more you learn and I learned that the more records you have the less is disputed at court. You will no more about record at hand than your lawyer will, It seem lawyer like asking question more than remembering record.
In one of my cases I had to prove birth erbs was a disability to a court. Seeing my erbs arm and hand and limitation was not enough the record I got together did
Anyways this is what I did to start,
Other issues are possible negligence issue from leaving a hospital without a referral to a BPI doctor in time for injuries, at birth or latter in life injuries to. By post this situation happens ware a person or baby leave the hospital without a referral to a bpi doctor , a lot What happens to is doctors latter saying , If I only saw you sooner?? Issues with hospital and negligence Hospital never heard of sight like our web sights , ether
Hopefully this help to start, Tenacity is the will to adapt , when outcome does not matter and it is just the important thing to try or learn when you have no clue to start??
Tom

[richinma2005]

I'm not familiar with attorneys in your area, but you could check the resources at this site to start heading you in the right direction:

http://www.anapolschwartz.com/brachial- ... -state/ar/

[Tuckersmommy]

I wish u luck.every child deserves to win something like this!After nearly 5 years we are done with ours,we ran into one very huge glitch that stayed hidden from the public.Our hosp. We delivered at was a Governent/state ran facility.This meant that they are protected by a cap- In our case the cap was 250k which we nearly owed in medical bill.We settled out of court because in Florida there is a lot more to a case like this involving bills and tallassee supreme court,but I won't get into that We had God on our side and one amazing lawyer and we managed to get quite a lot more over the cap but will still have to go to tallassee in 2015 To be awarded the rest,
Best wishes your way...we found our lawyer off one of those commercials u c all the time on daytime t.v talking about birth injuries ,their like a referral service who will find a birth injury lawyer close to you.Although we had a very strong case we did get turned down once.So don't let that stop you.Our lawyer also got ALL my medical records and even the notes the nurses and doctors made on shift.Those records where 0ver 2 inches thick and cost a small chunk to get.Just pray and stay strong

[Master DIVER TOM]

Oh this is Crazy,
The Lawyer get percentage for sure then there is Phone calls, cost of records and that OTHER Fees
If the Lawyer does not ask for the billing for Hours and gathering record it called Fees. You SHOULD not pay these fees its up to the Lawyer to ask for them in the complaint. I went round and round over this in 2 cases with my Lawyers.
I guess it just easier for lawyers to get Fees from Clients than Respondents,
I am not a lawyer , Just know how my lawyers tryed to get fees from my cases from Me Tell them to file these cost in the complaint for Tel calls ,record and all the other cost. It alot of added cost to you.

Tom

[Tuckersmommy]

I didnt pay any adtional fee`s just the straight 25% Lawyer cut from the case.We we're involved in everything so I was able to see the crazy fee's for records and the depositon fee's for the expert's and what not was insane! !! Some where 2, 000 an hour Not including the plane ticket to whatever state they may have been in.Absoulty obsured what all this details. I pray for anyone whom has to go thru such heartache and frustrations

[Master DIVER TOM]

Tenacity comes with a price , But to me it way better than depression
When the try is more important than outcome , you really saver the wins you can find in life and sometimes you really overcome issues of adversity and finding a way to adapt .
Its all in trying than giving up The best thing about problems are when they are finally over
Tom