Illinois Fetal Macrosomia Attorney
No two people are alike, and no two fetuses are alike. Some are larger than normal and some are smaller than normal. An abnormally-large developing fetus is not necessarily cause for concern. Some babies are just big. Furthermore, most fetuses do not grow at even rates. They might grow more one month than they do the next month. But if a baby is too large, there could be a risk of an infant head injury or another serious complication.
For one reason or another, many doctors do not fully appreciate the difference between big babies and macrosomic babies. Sometimes, they believe that an unusually large fetus is only a “borderline” danger. Other times, they over-confidently approach the problem with an “I don’t need help” attitude. Finally, many doctors do not connect a large baby with other risk factors, such as a mother’s history of difficult deliveries.
The experienced Illinois fetal macrosomia attorneys at Wais, Vogelstein, Forman, Koch & Norman have seen all these scenarios before, and they have heard all these excuses before. Because of our experience, we can anticipate insurance company defenses and be ready to rebut them in court. Our clients reap the benefits of our expertise. These benefits include reliable legal advice throughout the process and maximum compensation for your serious losses.
Building a Negligence Case
Infant head injuries related to shoulder dystocia (SD) and other serious complications could be unavoidable accidents in a few cases. Sometimes, bad things just happen. However, most of these incidents involve actionable negligence. The difference between an accident and negligence is found in the four components of a negligence case:
- Duty: To whom much is given, much is expected. Largely because of their extensive training and expertise, physicians usually have a fiduciary duty. That’s the highest level of legal responsibility in Illinois law.
- Breach: Since the duty of care is so high, almost any misstep, however unintentional it was, is a breach of duty. If Dr. X is five minutes late for a delivery, that small error could have serious consequences for the mother and her baby.
- Cause: Duty and breach are not enough. A victim/plaintiff must also prove that there was a connection between the breach and the damages. In the previous example, if Dr. X is in a hurry, she is more likely to make a mistake. Additionally, victim/plaintiffs must prove legal causation, which is foreseeability (possibility).
- Damages: Injuries related to macrosomic infants are incredibly expensive. These babies must often live with permanent and debilitating head injuries. The accompanying pain and suffering is difficult to quantify in monetary terms.
Overall, Chicago fetal macrosomia attorneys file negligence cases to force doctors to take responsibility for their mistakes. Life would be much better for all of us if we all accepted the consequences of our misdeeds.
Resolving a Negligence Case
Most negligence claims settle out of court. If informal settlement negotiations do not bear fruit, and they often do not, most judges refer cases to mediation.
During this court-supervised settlement negotiation session, which usually lasts a full day, a third-party mediator works with both sides and tries to facilitate a settlement. Since both sides have a duty to negotiate in good faith, mediation is usually successful.
Out-of-court settlements usually significantly benefit victim/plaintiffs. These resolutions end legal claims sooner, so victims get their compensation earlier. Additionally, out-of-court settlements give victims more control over the outcome.
Contact a Dedicated Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced fetal macrosomia 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.