Illinois HIE Attorney
As a rule of thumb, about one in ten infant hospital deliveries in Chicago involves some complications. Perhaps the mother’s contractions were uneven or the baby experienced some mild distress. About one in ten of these deliveries involves a serious complication. Cerebral palsy and other permanent brain injuries are quite common in these situations. Hypoxic ischemic encephalopathy (HIE), a similar condition, is another example.
HIE and cerebral palsy often have the same basic cause: a lack of oxygen to the brain. However, prenatal conditions, like fetal anemia, preeclampsia, and maternal diabetes, could also cause HIE. Doctors should identify these risk factors and respond appropriately, but they often do not do so. There are some differences between these two conditions as well. For example, cerebral palsy is normally permanent. HIE could be treatable, mostly by subjecting the newborn to prolonged brain cooling. This treatment is risky and not always effective.
The bottom line in most brain injury cases is that many doctors prioritize other things above patient health and safety. In contrast, to the dedicated Chicago HIE attorneys at Wais, Vogelstein, Forman, Koch & Norman, nothing is more important than our clients’ well-being. This commitment includes your family’s physical, emotional, and financial wellbeing. So, we connect families with doctors and other medical professionals who can help them through this trying time, and we work hard to obtain financial compensation in court.
Duty of Care
As mentioned, doctors far too often show a lack of commitment to their patients. It’s legally permissible for some people to multitask and balance different priorities. But medical professionals are different.
In Illinois, doctors usually have a fiduciary duty. They must disregard profitability, time management, and all other priorities, no matter how important they are, and only do what is best for their patients at all times.
This duty is continual and long term. It starts when doctors first meet expectant mothers or initially review their files. It does not end until one party formally severs the doctor-patient relationship. That time period could be a few minutes after delivery, or a few years after delivery. In other words, doctors must give mothers and babies the same level of attention at a routine prenatal visit as they do in the delivery room.
Because of the high duty of care, there is usually no such thing as a medical “accident.” Instead, there is normally only medical negligence, or a lack of care. If an Chicago HIE attorney establishes negligence by a preponderance of the evidence, substantial compensation is usually available.
This compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available as well.
Evidence in Birth Injury Claims
The evidence in a birth injury claim usually involves the overall standard of care and the level of care in that particular case.
Attorneys often partner with specialized doctors to establish the PLDR (prenatal, labor, delivery, and recovery) standard of care. The standard of care sometimes has some regional variations. The standard of care in Chicago could be different from the standard of care in a small downstate medical facility.
As for the specific level of care, medical bills and other such records usually clearly establish what the doctor did, or didn’t, do. Usually, the doctor is in charge of all medical decisions, such as the need for surgery, birth interventions used, and medicine administered. The same high duty of care applies in all these areas.
Contact a Dedicated Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced HIE attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.