Illinois Stillbirth and Infant Death Attorney
Serious complications that end with fetal demise, a medical euphemism for infant death, could arise at any point in the PLDR (prenatal, labor, delivery, and recovery) process. Untreated pregnancy conditions, such as preeclampsia, could seriously harm both mothers and babies. Trauma during birth, especially the use of forceps and other mechanical birth aids, could have a similar effect. Either way, the resulting tragedy the family experiences is almost impossible to endure.
These things have similar effects and also a similar cause. Negligence, or a lack of care, usually causes serious fetal injuries. This negligence could be poor preparation during the prenatal care process. As outlined below, doctors must be prepared for the expected. Physicians must also be prepared for the unexpected. Risky delivery tactics are unacceptable. Doctors owe it to their patients to react properly under pressure.
In contrast, the diligent Illinois stillbirth and infant death attorneys at Wais, Vogelstein, Forman, Koch & Norman do things the right way. We carefully prepare your claim for damages. This preparation includes anticipating some common legal hurdles, and having a plan to overcome them. Furthermore, when cases go to court, we never make reckless decisions which seem like a good idea at the time, but ultimately do much more harm than good.
Duty of Care
Legal duty is a familiar concept to most people. Most of us have obligations as drivers or property owners. Since almost anyone can drive a car or own a business, the legal duty for motorists and owners is relatively low.
Doctors and other professionals are different. It takes a great deal of dedication, training, experience, education, and will to become a physician. Because doctors have these things in abundance, and also because their patients have almost none of these things, the legal duty of care is much higher.
In Illinois, this responsibility is a fiduciary duty. This obligation requires doctors to completely disregard many priorities, like work-life balance, earning a living, adhering to a schedule, and other important items. Instead, doctors must do what is best for their patients, no matter how much it costs in terms of money and time.
As the old saying goes, the bigger they are, the harder they fall. Since the duty of care is so lofty, it is easier for an Chicago stillbirth and infant death attorney to establish negligence, or a lack of care, in these cases.
Evidence in Birth Injury Claims
Theoretical responsibility is not enough. Attorneys must also establish practical responsibility. That requires evidence. Victim/plaintiffs must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
This proof usually includes medical bills, medical charts, and direct and indirect eyewitness testimony.
Medical bills clearly show the services mother and baby received, or didn’t receive. These records also clearly establish the cost of these services. That figure is relevant to the amount of compensation in a birth injury claim.
Medical charts essentially bring medical bills to life. These logs usually include treatment notes and other items.
Direct eyewitness testimony usually comes from medical professionals and family members who were an integral part of the PLDR process. Indirect eyewitness testimony from other individuals could be important as well. These witnesses cannot testify about the injury or how it happened. But they can testify about how that injury affects a family on an everyday basis.
Contact a Dedicated Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced stillbirth and infant death 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.