Illinois Wrongful Birth Attorney
These negligence claims could more properly be called “uninformed birth” claims. Usually for the reasons discussed below, doctors often fail to tell parents their child will most likely have a serious genetic issue, like Marfan syndrome, or a severe physical abnormality. As a result, these parents are blindsided by a slew of lifelong medical expenses they could not possibly have anticipated. Furthermore, these families are not prepared for the emotional crash they will almost inevitably experience.
Lack of accurate medical information could be the underlying issue in these cases. Some doctors do not perform a full battery of genetic and diagnostic tests. Other doctors over-delegate test result interpretation to technicians, physician assistants, and other less-qualified professionals. Other times, the issue is lack of communication. Many doctors are fluent in Medspeak, but their English skills are limited. Other doctors sugarcoat bad news with phrases like “there’s a chance that this may happen.”
In contrast, the diligent Illinois wrongful birth attorneys at Wais, Vogelstein, Forman, Koch & Norman take great pride in their ability to accurately review the facts in a case. A thorough and up-to-date legal analysis is an essential part of this process. But our attorneys are not just fluent in Legalese. We effectively and proactively communicate with you, so you can make the best possible decisions for yourself and your family.
Duty of Care in Birth Injury Claims
Everyone has a duty of care under Illinois law. The extent of that duty varies, mostly depending on the amount of experience and training a person has. The disparity is important as well. Vulnerable people deserve more legal protections than less-vulnerable people.
These signs point to a very high duty of care for physicians. Doctors have extensive education, training, and experience. Furthermore, almost all patients are vulnerable in this area. Most people know little or nothing about the medical and legal implications of birth injuries. As a result, doctors have a fiduciary duty. They must disregard all other priorities, like work-life balance and profitability, and do what is best for their patients, no matter how long it takes or how much money they earn.
Other professionals, like financial professionals and Chicago wrongful birth attorneys, have a similar duty of care. Because of this high duty of care, it is easier to establish negligence, or a lack of care, in these situations. If the physician was negligent, either prior to or during delivery, compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Moreover, additional punitive damages are usually available in medical negligence claims.
Evidence in Birth Injury Claims
The victim/plaintiff must establish negligence by a preponderance of the evidence, or more likely than not. Proof in a medical negligence claim usually includes the standard of care in the case, as well as the level of care in a case.
Usually, an independent and highly-qualified doctor testifies in court to establish the standard of care. For example, if Tony breaks his arm, according to the standard of care, the doctor must usually examine Tony, run at least one diagnostic test, probably an X-ray, and then treat Tony based on the results of that test.
The jury then compares this evidence with the care the mother and baby actually received. Medical records, like bills and the medical chart, usually establish the care received. If it fell short of the standard of care, compensation is available.
Rely on a Compassionate Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced wrongful birth 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.