Illinois Facial Nerve Injury or Paralysis Attorney
A predictable condition, typically shoulder dystocia (SD), usually causes Erb’s palsy, which is a permanent facial paralysis injury incurred during a difficult delivery. A brachial plexus injury causes this condition, which is also known as Erb-Duchenne paralysis. The brachial plexus is a bundle of five nerves which connects the arm to the spine. If these nerves are stretched or torn, the baby could suffer an avulsion. These nerves are disconnected from the spine, so the person’s facial, shoulder, and arm muscles no longer work properly. These nerve injuries are permanent.
A tiny amount of force during a vaginal or C-section delivery, such as moving the baby’s head to the side, could cause Erb’s palsy. Overly-aggressive force, such as a forceps delivery or a pull on an arm, significantly increases the chances of this paralysis.
Typically, doctors are either not prepared for expected developments, or they are not prepared for the unexpected. The warning signs of SD are quite clear, yet for various reasons, many doctors fail to heed them. Additionally, very few deliveries go like clockwork. Doctors should have contingency plans in place.
In contrast, the thorough Illinois facial nerve injury or paralysis attorneys at Wais, Vogelstein, Forman, Koch & Norman are always fully prepared in both areas. The moment you reach out to us, we begin collecting evidence that supports your case and developing a theory of the case. In other words, we hit the ground running. Later, during settlement negotiations and court hearings, we are prepared for the unexpected. This intense preparation on the front end pays dividends on the back end. These dividends include maximum compensation for your serious injuries.
Negligence Theory
Preparation for known and unknown hazards is part of the duty of care in these cases. Because of their high levels of training and experience, doctors have a fiduciary duty in these matters. That’s the highest level of legal responsibility in Illinois law.
Because of this high duty of care, it is easier to prove that the doctor breached the duty of care. Essentially, a breach is a serious, albeit unintentional, error that damages the victim in some way. More on that below.
Next, an Chicago facial nerve injury or paralysis attorney must establish factual and legal causation. Factual cause is basically a connection between the breach and the damages. Legal cause is basically foreseeability (possibility) of harm. If a car runs over the mother as she leaves the hospital, that injury is not foreseeable, as far as the doctor is concerned.
Damage must be tangible harm, at least in most cases. This tangible harm usually includes personal injury and medical bills.
What to Expect in a Birth Injury Claim
Some birth injury claims settle almost overnight. However, if there is any question about liability, the extent of damages, or another issue, and there usually is, attorneys normally file legal paperwork to kickstart the process.
At that point, many insurance companies file procedural motions, hoping to convince a judge to throw the case out of court. However, as long as attorneys lay the proper foundation for their legal claims, as outlined above, these motions almost always fail.
If the case remains unsettled as the trial date approaches, most Cook County judges refer it to mediation. During mediation, both sides have a duty to negotiate in good faith. They must be willing to make some compromises, if that’s what is necessary to finalize a deal. Mostly because of this additional duty, these court-supervised negotiation sessions are about 90 percent successful.
Connect with a Hard-Hitting Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced facial nerve injury or paralysis attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. Attorneys can connect victims with doctors, even if they have no insurance or money.
