Illinois Birth Asphyxia Attorney
In this context, asphyxia usually means lack of oxygen to the brain. So, this umbrella term covers a wide range of birth injuries. The extent of the injury usually depends on the amount of time the baby’s brain had insufficient oxygen. A number of different conditions, mostly umbilical cord emergencies, could cause birth asphyxia. Newborns are so fragile and tiny that a little bit of force, such as a slightly-out-of-position umbilical cord, could cause a serious and permanent injury.
Usually, these birth injuries do not just “happen.” Lack of preparation during the prenatal process or a poor decision during the labor and delivery process usually causes birth asphyxia injuries. The warning signs for shoulder dystocia (SD) and other cord-related conditions are fairly clear. But for various reasons, some doctors either do not read the signs, or they do not read them carefully enough. A poor decision, usually a delayed decision, during labor and delivery could cause such injuries as well. Usually, doctors only have a few minutes to remedy these problems. So, the clock is ticking fast.
The compassionate Illinois birth asphyxia attorneys at Wais, Vogelstein, Forman, Koch & Norman understand the lifelong medical bills, not to mention the lifelong emotional distress, that a few moments of medical negligence often causes. Many of the members of our professional team have gone through the same thing. So, we feel passionately about victims’ rights in these situations. This passion fuels our purpose, which is working hard to secure maximum compensation for serious injuries.
Preparing a Negligence Case
Illinois law imposes a duty of care on everyone, regardless of station in life. Basically, negligence is a lack of care. There are four major components of a negligence case in the Prairie State:
- Duty: Doctors usually have a fiduciary duty. They must disregard all other priorities and always do what is best for their patients. This requirement often means doctors must get out of their comfort zones.
- Breach: A breach of duty is basically a violation of the standard of care. Usually, an independent doctor reviews the evidence and determines where the doctor fell short. Different jurisdictions have different rules regarding expert witness qualifications.
- Cause: This element includes both factual and legal causation. Factual cause is “but for” cause, as in the injury wouldn’t have happened “but for” the doctor’s negligence. Legal causation is foreseeability (possibility) of injury. The chain of events between negligence and damages cannot be too long.
- Damages: The physical effects of birth asphyxiation usually involve a head injury or another catastrophic injury. The emotional effects, especially on the family, are difficult to quantify.
A Chicago birth asphyxia attorney does not prepare and present a negligence case to “blame” anyone for the injury. Instead, in most cases, these claims simply compensate individuals for damages without assigning blame in any way.
Resolving a Negligence Case
In this area of life, as in most areas of life, diligent preparation on the front end usually leads to a good result on the back end.
That result is usually a mediated settlement. During mediation, a neutral third party, usually an unaffiliated Chicago birth asphyxia attorney, supervises a negotiation session on behalf of the judge. This court supervision includes a requirement to negotiate in good faith. Both sides must be willing to work hard. They must also be willing to make some compromises, if that’s what it takes to reach an agreement.
Mediation usually takes place late in the lawsuit process, as the trial date approaches. With the trial date looming, both sides are usually motivated to settle the claim. So, mediation is about 90 percent successful.
Reach out to a Hard-Working Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced birth asphyxia attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.