Illinois Bone Fracture Attorney
Most newborns do not weigh much more than a 2-liter bottle of soda. Their bodies, especially their bones, are extremely fragile. Fetal bones usually begin developing late. They are not fully developed until late adolescence. Therefore, a tiny bit of excessive force during delivery, like a tug, push, or jostle, could cause a serious bone fracture. Since newborns are still developing, these injuries are usually permanent.
This excessive force could come at almost any time during labor, delivery, or recovery. For example, if the mother’s labor stalls, many doctors use overly-aggressive tactics to jump-start delivery. These tactics often include pulling on the baby’s arm, leg, or even neck. Usually, such delivery room emergencies are rooted in an earlier failure to properly account for maternal diabetes, a history of difficult deliveries, or other red flags.
The experienced Illinois bone fracture attorneys at Wais, Vogelstein, Forman, Koch & Norman routinely handle these matters on a nationwide basis. So, we are very familiar with most local courts, including their informal and unwritten procedural rules. So, instead of concentrating on what to do or say next, we concentrate on preparing and presenting your claim for damages. As a result, we are usually able to obtain maximum compensation in these cases. That compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Duty of Care in a Medical Negligence Case
As drivers, most people know what is expected of them. They must avoid accidents whenever possible and always drive defensively. In other words, motorists have a reactive duty of care.
Doctors usually have a proactive duty of care. That’s because they have a great deal more education, training, and experience than drivers. Furthermore, doctors and patients are not on the same level in this area. Most patients place their health and safety entirely in their doctors’ hands.
So, physicians have a fiduciary duty under Illinois law. This level of legal responsibility requires them to ignore things that matter a lot to most people, like earning money and achieving a proper work-life balance. Instead, doctors must do whatever is best for their patients, regardless of how profitable it is or how much time it takes.
As for your damage claim, this higher duty of care basically means two things. First, the bigger they are, the harder they fall. In other words, since the duty of care is so high, it is easier for an Chicago bone fracture attorney to prove negligence, or a lack of care. Second, because expectations are so high, additional punitive damages are usually available in these claims.
Evidence in a Medical Malpractice Claim
Theoretical negligence is not enough. Victim/plaintiffs must also prove negligence on a practical level. And, they must prove it by a preponderance of the evidence (more likely than not).
Picture two stacks of typing paper side by side. Both stacks are the same size. If someone moves a single sheet from the left stack to the right side, the stack on the right is taller than the one on the left. That’s a picture of a preponderance of the evidence, which is one of the lowest burdens of proof in Illinois law.
The evidence in a malpractice claim usually includes expert witness testimony about the standard of care, medical records and other evidence that show the care the patient received, and lay testimony that shows the effects of a birth injury.
Connect with an Experienced Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced bone fracture 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.