Illinois Cord Prolapse Injury Attorney
In the weeks and months leading up to delivery, doctors often understandably focus on the baby’s position. Breech delivery is perhaps the most serious birth injury complication. However, it’s almost as important to focus on the umbilical cord’s position. If the cord prolapses (drops) out of place, it could be squeezed between the developing fetus and the mother’s cervix. The resulting pressure could significantly inhibit the flow of nutrients to the fetus.
Bradycardia (heartbeat less than 120 beats per minute) is usually a sure sign of cord prolapse. That’s especially true if the mother has certain risk factors, like polyhydramnios (excessive amniotic fluid) or preterm labor. In cord prolapse cases, doctors must often immediately perform C-sections. Any delay could cause fetal brain injury or another serious injury. Since mothers and babies move frequently in the days and hours before delivery, it’s difficult to accurately monitor the baby’s heartbeat. But the duty of care, which is described below, demands no less.
The experienced Illinois cord prolapse injury attorneys at Wais, Vogelstein, Forman, Koch & Norman also have very high standards. These high standards apply in areas like a thorough investigation of the facts, precise legal arguments in court, and a firm but fair negotiation posture during pretrial settlement talks. All the while, we proactively communicate with you, so you are never in the dark.
Duty of Care
The high responsibility a doctor has in these situations is called a fiduciary duty. That’s the highest level of legal responsibility in Illinois law. It applies in these situations because doctors have immense training and experience. On the other end, most patients have almost no training or experience in this area. So, most patients are 100 percent dependent on their physicians for all health matters related to the PLDR (prenatal, labor, delivery, and recovery) process.
Specifically, professionals with a fiduciary duty must disregard all other imperatives, such as making money or maintaining a proper work-life balance, and only do what is best for their patients. It does not matter how time-consuming the task is or isn’t, or how financially beneficial it is or isn’t.
Because of this high duty of care, there is usually no such thing as a medical “accident.” The margin for error that doctors have is simply too low. Therefore, it is normally easier for a Chicago cord prolapse injury attorney to establish negligence, or a lack of care.
If that happens, damages include compensation for economic losses, such as medical bills, as well as noneconomic losses, such as pain and suffering. Additional punitive damages are usually available as well in these cases.
Evidence in Medical Negligence Claims
To establish negligence by a preponderance of the evidence (more likely than not), the victim-plaintiff normally needs general and specific evidence.
General evidence normally relates to the established standard of care. This standard varies slightly in different areas. Doctors who work in semi-rural areas and therefore have fewer resources often have a lower standard of care. To establish this standard, an independent and highly-qualified physician usually testifies about this area.
Specific evidence usually includes the medical bills and witness statements in that case. Both kinds of evidence clearly establish the level of care the patient did, or did not, receive.
Contact a Diligent Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced cord prolapse injury attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. Virtual, after-hours, home, and hospital visits are available.