Brachial Plexus Injury at Birth
As you go through the process of bringing a child into this world, you expect the medical professionals working with you to provide a certain level of care. Lack of communication, failure to provide the proper care and failure to monitor the fetus during the birthing process can all result in injuries that could have otherwise been avoided. At Zayed Law Offices, our Chicago birth injury lawyers will represent you and your family in a medical malpractice claim. We offer a high level of service to our clients and will make certain you are justly compensated. Have questions? Read our Protecting Your Rights page for more information.
Brachial Plexus Injuries
The brachial plexus is a group of nerves that sends messages to the spinal cord. If the nerve group is stretched too aggressively, injuries can occur. While brachial plexus injuries can occur from falls from heights, one of the most common ways that these injuries occur is during childbirth. Complications involving shoulder dystocia, failure to monitor C-sections appropriately and other issues can also contribute to the cause of brachial plexus injuries in newborns.
A Skilled Team Representing Your Interests
If your newborn has suffered a serious injury as the result of a medical professional’s negligent behavior, our experienced team will take initiative in holding the doctor and hospital staff accountable for their actions. At Zayed Law Offices, we are one of the leading medical malpractice attorney firms in the Chicago area. We are led by a highly skilled Chicago birth injury lawyers who has the resources necessary to tackle complex birth injury claims. Our firm has established relationships with medical experts who can provide authoritative testimonials about the cause and extent of the injury.
Medical malpractice is a term used to describe conduct that deviates from the applicable standard of care. A standard of care is a generally a minimum level of care that should be exercised by a health care provider. A standard of care requires healthcare providers to exercise the same degree of knowledge or care that a reasonably careful healthcare provider would use. Violations of a standard of care occur when a healthcare provider does something that a reasonably careful provider would not do or when a provider fails to do something that a reasonably careful provider would not do.
Once the doctor-patient relationship has been established, the healthcare provider must adhere to the applicable standard of care. A patient bringing a medical malpractice claim must show that the healthcare provider breached the applicable standard of care, that the breach caused injury, and that the breach caused the patient’s injuries.
Prosecuting a claim for medical malpractice can be time consuming, complicated, and costly. Contacting an attorney who has a proven track record of excellence is an essential part of bringing a successful medical malpractice claim.
Very often doctors undertake risky procedures without any guarantee of success, and a bad result alone is not evidence of medical malpractice. One of the most solid grounds for suspicion of medical malpractice is when the results of a procedure are widely unexpected. It is important to look into any suspicions of medical malpractice, and this is best done by contacting an experienced medical malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams.
In the event of medical malpractice, health care providers can be held responsible as well as the institutions they are affiliated with. An experienced medical malpractice attorney will be able to identify ALL parties who are responsible.
Two years is the general time limit for filing suit for injury or death in Illinois. However, there are many nuances that apply to medical malpractice statutes of limitation. The statute of limitations for medical malpractice lawsuits is from one to seven years depending on the facts of the case. It is best to contact a personal injury attorney in order to consult with an attorney who will guide your case through the gauntlet of applicable statutes of limitations.
One of the most important things to do in the event of a suspected medical malpractice is to avoid outright accusations toward your healthcare provider. Make sure that you request your medical records and then consult an experienced medical malpractice attorney to review the records and provide guidance on your potential cause of action.
Signing a consent form means you have acknowledged that there are known risks associated with your medical treatment. A signed consent form does not mean that you have consented to medical treatment below the applicable standard of care owed by all healthcare providers to their patients.
Amounts recovered from medical malpractice lawsuits are generally not taxable.
All patients have a legal right to obtain a copy of their medical records. These requests should be made in writing and must include details like the patient’s social security number, address, date of birth, etc. Requesting medical records can be very timely and may require payment of fees to the records department providing the records.