Illinois Cranial Compression Injury Attorney
SD (Shoulder Dystocia) is one of the most common causes of cranial compression infant head injuries during the labor and delivery process. If a baby’s unusually large shoulders make it impossible for the baby to naturally and quickly fall through the mother’s narrow birth canal, the umbilical cord could almost literally strangle the baby. The cord keeps falling even if the baby does not. So, doctors often use instruments like forceps to deliver these babies. Forceps resemble large salad tongs. A doctor grabs the baby’s head with the pinchers, and pulls. The resulting head injury could be catastrophic.
SD is also one of the easiest complications to predict. During prenatal visits, doctors should keep a close eye on the baby’s size. If the baby is LGA (large for gestational age), the doctor should at least plan for a surgical C-section delivery. The same process should happen if the mother has a history of delivering large babies or there are other red flags. But some doctors are overconfident and do not make such contingency plans. Others simply ignore the risk and hope for the best.
The compassionate Illinois cranial compression injury attorneys at Wais, Vogelstein, Forman, Koch & Norman understand the immense pain and suffering these victims, and their families, must endure. Many of the people on our professional team have lived through similar experiences. So, we not only work hard to obtain the compensation and justice you deserve. We also proactively communicate with you all along the way, so you are never in the dark.
Building a Negligence Claim
Many people assume that compensation in a negligence case is like a fine in a criminal case. But the purpose of these two legal proceedings is different. Criminal fines punish people who break a criminal law. Negligence claims compensate victims of unintentional injuries. A negligence case has four basic components:
- Duty: Because of their extensive training and experience, and also because patients are entirely dependent on doctors for all healthcare needs, physicians have a fiduciary duty of care under Illinois law. That’s the highest level of legal responsibility. This duty also applies to other professionals, such as accountants, investment advisers, and Chicago cranial compression injury attorneys.
- Breach: The care provided, or not provided, must have been below the acceptable standard of care. Because of the aforementioned high duty of care, doctors have very little margin for error in these situations. 80 percent, or even 90 percent, is usually not good enough.
- Cause: If a doctor uses a patient’s case as an example in a published article, that’s probably a breach of the duty of care. However, that breach probably has little or nothing to do with a birth injury. A victim/plaintiff must also prove legal cause, which is basically foreseeability (possibility). For example, if a doctor fails to properly sanitize a surgical instrument, an infection is a foreseeable consequence of that error.
- Damages: The injuries in a birth injury case are almost always unintentional. But they are real nonetheless. Legally, compensation must make the victim whole again, to the greatest extent possible. That means compensation for both tangible and intangible losses is available.
If Freddy unintentionally breaks his neighbor’s window, he, or rather his parents, must pay damages. If a doctor unintentionally causes injury, the doctor, or rather the doctor’s insurance company, must pay damages, as outlined above.
Speak with a Hard-Hitting Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced cranial compression injury 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.