Illinois Brain Damage Attorney
All head injuries are very difficult to diagnose. Newborn and infant head injuries are even harder to diagnose. These individuals cannot tell doctors about their headaches or nightmares. It’s also very difficult to detect personality changes in newborns. Therefore, these victims might suffer silently for months or years before their head injuries become apparent. At that point, if a baby suffered mild brain damage at birth, the damage is usually much more severe.
Nevertheless, the telltale signs of a brain injury are there, if the medical team is looking closely enough. If a team member suspects a brain injury, even if the possibility is remote, the standard of care usually requires the doctor to run diagnostic tests, such as an MRI. Many doctors do not want to run these tests. They do not want to put the children through that experience, and they are also afraid the insurance company will not pay for the test. But the duty of care requires doctors to do what is best for their patients, regardless of the economic or noneconomic cost.
Speaking of economic and noneconomic costs, the diligent Illinois brain damage attorneys at Wais, Vogelstein, Forman, Koch & Norman work hard to obtain compensation for the family’s losses in court. A brain injury could mean hundreds of thousands of dollars, or even more, in lifelong medical bills. The emotional distress and other noneconomic losses are almost incalculable. Victims need this compensation to pay injury-related bills and move on with their lives, at least to the greatest degree possible.
Liability Issues
Establishing liability (legal responsibility) for injuries is usually a matter of proving negligence and refuting insurance company defenses.
Basically, negligence is a lack of care. Since they are medical professionals, and since patients often have little or no medical knowledge, doctors have a very high duty of care in Illinois. Doctors who breach their duty of care, usually by violating the applicable standard of care, are liable for any damages the breach causes.
The hospital, clinic, or other entity which employed the doctor is usually financially responsible for these damages. To a Chicago brain damage or swelling attorney, a negligence case is even more complex if a defective product, like a malfunctioning diagnostic test machine, caused or contributed to the brain injury.
Common insurance company defenses in medical negligence claims include assumption of the risk and comparative fault.
When they leave the hospital, doctors often force families to sign liability waivers. Although a waiver makes it easier to prove the assumption of the risk defense, a waiver does not firmly establish this doctrine.
Instead, insurance company attorneys must prove that the victim voluntarily assumed a known risk. Given the “take it or leave it” circumstances of the signing and the fact that brain injuries are hard to detect, these elements are often difficult to prove in court.
Comparative fault basically shifts blame for an injury from the tortfeasor (negligent party) to an innocent party. For example, an insurance company attorney might argue that the mother failed to recognize the signs of a brain injury or failed to call 9-1-1. Comparative fault, like assumption of the risk, is difficult to prove in court.
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 brain damage or swelling attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. Home, virtual, and hospital visits are available.
