Illinois Uterine Rupture Attorney
Certain congenital abnormalities, prior trauma injuries, and previous surgeries significantly increase the risk of uterine rupture during delivery. Abnormal contractions increase these risks even more. Uterine rupture is one of the most catastrophic birth injuries. The uterus detaches and enters the abdominal cavity. As a result, the baby cannot obtain sufficient nourishment through the umbilical cord. At that point, only rapid and radical intervention, usually surgical intervention, can save the baby.
Because this condition is relatively rare, many physicians are caught off-guard in these situations. 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.
What Causes Uterine Rupture Injuries?
We touched on some physical uterine rupture causes above. Legally, however, the cause of these injuries usually comes down to one thing: physician negligence.
Doctors who pay close attention to detail should be easily able to spot telltale warning signs, such as a badly-positioned incision scar from a prior C-section or excessive uterine contractions against a lower uterine restriction ring. However, doctors who fail to pay close attention to details often miss these signs.
In addition to negligence during prenatal visits and early labor, negligence during late labor and delivery could also cause uterine rupture. A number of things could cause fetal distress. Uterine rupture is only one of these things. Doctors must be able to make accurate judgements based on little evidence. Once again, attention to detail, which is often lacking in these situations, is key.
What to Expect in Your Claim for Damages
The two most significant issues in a birth injury claim are usually legal responsibility for injury and the extent of damages. Occasionally, these two issues are rather clear in uterine rupture claims. If that’s the case, a Chicago uterine rupture injury attorney might be able to settle the claim within a few weeks.
Usually, however, there are at least some questions in one or both of these areas. Even if there are no serious issues, insurance companies usually use these uncertainties as an excuse to drag their feet. The longer an insurance company retains a settlement check, the more interest it earns on the amount.
So, mostly to pressure the insurance company into settling the claim, most attorneys file legal paperwork at this point. This maneuver usually jumpstarts stalled settlement negotiations between the two parties.
In most cases, insurance company attorneys quickly file procedural motions. They basically argue that there is no legal or factual basis for the claim. Unless an attorney took major shortcuts and did no meaningful work on the client’s case up to this point, these motions usually fail.
Settlement negotiations usually heat up again during the discovery process. This process usually includes document exchanges and witness depositions. During discovery, both sides have a legal obligation to put all their cards on the table, in terms of their claims and defenses. As the strength of the victim/plaintiff’s claim becomes increasingly apparent, insurance companies are increasingly motivated to settle.
Final settlement, which resolves about 95 percent of negligence claims, often comes during mediation. During this court-supervised negotiation session, both sides have a duty to negotiate in good faith. As a result, mediation is nearly always successful.
Connect with a Hard-Working Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced uterine rupture 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.