Illinois Umbilical Cord Birth Injury Attorney
The mother’s umbilical cord is the baby’s only lifeline through the entire fetal development process, from conception to delivery. Since there is no backup, any umbilical cord malfunction could have serious consequences for the baby. More extreme difficulties, like uterine rupture, are often fatal. Additionally, the umbilical cord must be in the right place at the right time. It cannot be stretched too far across the mother’s uterus or be too close around the baby’s neck. Umbilical cord issues do not just happen, at least in most cases. Generally, negligence, or a lack of care, causes such problems. More on that below.
At Wais, Vogelstein, Forman, Koch & Norman, our experienced Illinois umbilical cord birth injury attorneys routinely handle these and other serious birth injury claims on a nationwide basis. Over the years, we have developed a strong reputation for producing life-changing results. This reputation comes from our thorough preparation and tenacious advocacy for our clients. These results usually include maximum compensation for current and future economic losses, such as medical bills, as well as emotional distress and other noneconomic losses. Our professional team often obtains additional punitive damages in these matters as well.
Establishing Negligence
There is a significant difference between a birth injury accident and birth injury negligence. Accidents happen, usually because someone or something is in the wrong place at the wrong time. Legally and financially, no one is responsible for an accident. A legal negligence claim in the Prairie State has four basic elements:
- Duty: Because doctors have so much experience and training, and their patients have almost none of these things, at least in the medical realm, physicians have a fiduciary duty in Illinois. That’s the highest level of legal responsibility in American law.
- Breach: Drivers must obey the rules of the road to fulfill their duty of care. Physicians must follow the standard of care to discharge their legal and moral responsibilities. Almost any violation of the standard of care, given the lofty requirements discussed above, is a breach of physician duty.
- Cause: Legal causation is basically foreseeability (possibility). A car crash on the way to the hospital may seriously harm the baby. But it is not a foreseeable injury, as far as a doctor is concerned. Factual cause is a direct connection between breach and damage.
- Damage: Sometimes, the medical team overcomes birth complications, so there is no harm done. Other times, however, the medical team cannot overcome these complications. As a result, either the mother or the baby suffers physical or emotional injuries.
Usually, birth injuries are not malicious, or even intentional. However, a negligence claim does not point fingers at anyone. Blame is a criminal law concept. Compensation for injuries, as outlined above, is the core concept in a negligence claim.
Resolving Your Claim for Damages
At this stage, it does no one any good to point fingers. On a related note, an emotional courtroom showdown which forces families to relive traumatic events usually benefits no one. So, most birth injury claims settle out of court.
Frequently, these claims settle during mediation. A third-party mediator, who is usually an unaffiliated Chicago umbilical cord birth injury attorney, supervises settlement negotiations on behalf of the judge.
This supervision ensures that both sides negotiate in good faith. An initial low-ball offer is not a good faith negotiating posture. A “take it or leave it” counteroffer is also not a good faith negotiating posture.
Mediation typically happens relatively late in the process. Since the trial date is looming, both sides are usually motivated to settle the claim. As a result, mediation is about 90 percent successful in many cases.
Rely on an Experienced Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced umbilical cord birth injury attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We have recovered millions of dollars for these victims over the years.
