Illinois Placental Abruption Injury Attorney
Abruptio Placentae usually happens suddenly and without warning. When the placenta separates from the uterine wall, the baby is deprived of nourishment at a critical time, and the mother bleeds excessively, also at a critical time. So, placental abruption could seriously jeopardize the lives of mother and baby. Placental abruption usually happens during the last trimester, and the symptoms are very similar to preterm labor. Falls and other trauma injuries often cause placental abruption, especially if the mother has certain risk factors.
Timing means a lot in these cases. As mentioned, placental abruption could happen if the mother had no other problems carrying the baby. So, as the pregnancy enters its third trimester, many doctors think they are on the downhill portion, and their guard drops. A few moments of negligence anywhere during the PLDR (prenatal, labor, delivery, and recovery) process could cause a serious maternal and/or fetal injury.
In contrast, the diligent Illinois uterine rupture attorneys at Wais, Vogelstein, Forman, Koch & Norman are never caught flat-footed. Instead, we anticipate possible insurance company defenses, and other twists and turns, as we evaluate your case. As a result, you not only have a solid legal claim based on compelling evidence. You have a claim that is strong enough to withstand adverse action. Diligently building a claim in such a way is the best way, and usually the only way, to obtain fair compensation for your serious injuries.
The Connection Between Negligence and Placental Abruption
Many birth injury cases follow much the same pattern. Frequently, the doctor fails to properly account for a risk factor or fails to conduct proper diagnostic tests. But as mentioned, placental abruption has few risk factors, other than general ones like AMA (advanced maternal age) or a history of difficult deliveries. As a result, some negligence defenses which are usually unavailable in birth injury claims could come up in placental abruption claims.
Comparative fault, or contributory negligence, is one example. Basically, the insurance company shifts blame for the injury-causing incident from the tortfeasor (negligent party) to the victim. In abruptio placentae cases, insurance company attorneys might argue the mother failed to call her doctor early enough.
This defense often does not hold up in court. Placental abruption symptoms include a tender uterus, back pain, and abdominal pain. These are fairly normal symptoms of pregnancy, especially during the third trimester. Unless the mother knows about the placental abruption risks, it’s unlikely that she would call her doctor after experiencing such symptoms. She almost certainly would not call 9-1-1.
If a judge allows jurors to consider this defense, which is unlikely, they must apportion responsibility on a percentage basis between the two sides. Illinois is a modified comparative fault state with a 51 percent bar. So, if the victim is no more than 49 percent responsible for the injury, in the eyes of jurors, the tortfeasor is responsible for a proportionate share of damages.
Assumption of the risk is another possible defense. Most mothers sign boilerplate liability waivers. These waivers make the assumption of the risk easier to prove, but they do not conclusively establish it in court. The insurance company must still prove the mother voluntarily assumed a known risk. As outlined above, that’s not easy to establish in court.
Damages Available
Compensation in a birth injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Victims need this compensation to pay injury-related expenses. They deserve it as well because the injury was not their fault.
Additional punitive damages are often available in these claims as well. The duty of care is very high in these cases. So, it is normally easier for a Chicago placental abruption injury attorney to prove that the tortfeasor internationally disregarded a known risk. Punitive damages are important because they punish tortfeasors and deter future wrongdoing.
Connect with a Hard-Working Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced placental abruption injury attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We routinely handle birth injury matters on a nationwide basis.
