Illinois Spinal Cord Injury Attorney
The spine is a chain of nerves joined together by small bones. That construction makes the spine very flexible. That construction also makes it vulnerable to serious injury. That’s especially true for newborns. An adult’s spinal cord is usually several feet long. A newborn’s spinal cord might not be more than a few inches long. Yet it houses the same nerves as an adult’s spinal cord. As a result, a tiny bit of pressure in the wrong area could cause a debilitating injury in multiple parts of the body.
Spine injuries are often not readily apparent. Many times, families do not realize anything is wrong with their babies until they begin missing developmental milestones. Perhaps they do not hold their heads up or roll over as quickly as other children their age. Thanks to the delayed discovery rule, late onset of injury does not derail a damage claim, at least in most cases. Even if the statute of limitations runs, these families normally still have legal options. These options commence when families know there is a problem. They cannot legally file damage claims until some damage is apparent.
During our years of practice, the experienced Illinois spinal cord injury attorneys at Wais, Vogelstein, Forman, Koch & Norman have developed proven methods that generate life-changing results. No one can turn back the hands of time and alter the chain of events which lead to a spine injury. But our professional team can obtain the financial compensation these families need to pay injury-related medical bills and otherwise move on with their lives. At this point, after an injury has occurred, that’s the best possible outcome.
Duty of Care
Contrary to what physicians often claim, spine injuries do not just randomly occur. That is like saying people roll out of bed one morning and suddenly become doctors. Instead, people must have years of education, training, and experience to become doctors.
Because of these skills, they also have a high level of responsibility. The “do no harm” oath is just the beginning of this duty. Under Illinois law, doctors usually have a fiduciary duty. That’s the highest level of legal responsibility.
Essentially, their fiduciary duty requires doctors to ignore everything that many business-people consider essential, such as making money and achieving work-life balance. Instead, doctors must only do what is best for their patients. It doesn’t matter how expensive or time-consuming that is.
Unfortunately for victims, many doctors look for the easy way out. They prize profitability and other things ahead of a patient’s health and safety. The duty of care never allows such shortcuts.
Other highly educated professionals, such as financial planners, Chicago spinal cord injury attorneys, and accountants also have a fiduciary duty.
Evidence in Birth Injury Claims
The standard of care usually establishes the duty of care in a particular situation. Usually, the standard of care includes examining the mother, performing all necessary diagnostic tests, carefully interpreting test results, and following up as needed. The standard of care varies in some cases. For example, a different standard of care usually applies to doctors at large urban hospitals than doctors at small rural clinics.
An independent expert physician usually testifies as to the standard of care. Different courts have different rules as to who qualifies as an expert witness.
The evidence must also establish that the doctor breached, or violated, the standard of care. Proof on this point usually includes medical records and eyewitness testimony. If a jury concludes that a doctor breached a duty of care, damages usually include compensation for medical bills and other economic losses, as well as emotional distress and other noneconomic losses. The evidence in a birth injury case also usually supports an award of additional punitive damages.
Reach out to a Diligent Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced spinal cord injury attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. You have a limited amount of time to act.
