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If your child endured a brachial plexus injury due to a healthcare worker’s negligent actions, you may be able to pursue a birthing injury claim and secure compensation for the harm and losses your child and family suffered.
Even better, you will not have to go after this financial recovery by yourself. When you work with an experienced Chicago brachial plexus lawyer, like those from the Zayed Law Offices, our attorneys can represent you and your family in this medical malpractice claim and help you go after the just compensation you need.
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About Our Law Firm
At the Zayed Law Offices, our motivation is not based on profit or making money but rather on helping our clients get the results they want and the legal help they need. Our firm is known for putting our clients first, ensuring they get the legal services they require during this challenging time, and helping them get into the position they were before the accident.
More importantly, as a result of this fight, hard work, and dedication to our clients, we have not only helped countless individuals over the years get the results they need but also secured millions of dollars on their behalf through settlements and trial verdicts.
For these reasons, if you believe you have a valid birth injury legal claim and want to discuss your case with an experienced Chicago brachial plexus lawyer, reach out to our firm today for a free consultation. We can do this consultation online, over Zoom, or in a meeting with you at one of our conveniently located offices, including our Chicago location off North Clark Street, down the street from the Chicago River.
About Brachial Plexus Injuries
The brachial plexus is a nerve network that sends signals to the spinal cord, as well as the shoulders, arms, and hands. Consequently, if this group of nerves is stretched too far, it can result in devastating and debilitating injuries. Yet, while these injuries can occur when a person falls from a significant height, they occur most frequently during childbirth.
For instance, when a baby’s shoulder becomes stuck behind the mother’s pubic bone and requires the doctor to maneuver it through the birth canal, it can result in shoulder dystocia and contribute to brachial plexus injuries in newborns.
Common Causes of Brachial Plexus Injuries
As previously mentioned, while brachial plexus injuries can occur for a number of reasons, it is important to understand the cause of these injuries to have a better idea of whether you have a viable lawsuit you can pursue.
As a result, when it comes to brachial plexus injuries in newborns, some of the more common causes of this trauma tend to include:
- Not recommending a C-section
- Performing a C-section incorrectly
- Misusing the forceps or the vacuum during the delivery of the baby
- Pulling excessively on the baby’s shoulders, head, or neck during labor and delivery
- Mismanagement of shoulder dystocia
- Other types of medical malpractice
Fortunately, you will not have to figure out which of these causes contributed to your child’s injuries by yourself. Instead, when you work with an experienced Chicago brachial plexus attorney, like those from the Zayed Law Offices, these lawyers can use their knowledge and resources to determine what happened, what caused your child’s harm, and then figure out what legal actions you should take next.
Symptoms of a Brachial Plexus Injury
In general, symptoms of a brachial plexus injury will depend on where the injury occurred and the severity of it. For instance, injuries to nerves that are higher on the spinal cord will affect the shoulders, while trauma to the lower nerves will often affect the wrist, arm, and hand.
Yet, while this may mean that symptoms can vary, some of the more common ailments that result from these injuries include:
- A limp hanging arm
- Loss of feeling or numbness to the hand or arm
- An inability to move or control the arm, wrist, hand, or shoulder
- Severe and sudden pain in the arm or shoulder
- Burning and stinging sensation in the arm or shoulder
- Impaired development of the circulatory, muscular and nervous system
- A decreased grip strength in the affected hand or arm
- A partial or total paralysis of the arm
In addition, these injuries can also result in pain that can range from mild to severe and become chronic, depending on the circumstances that led to this injury. This can also mean that the medical treatments resulting from this injury will be extensive, leading to substantial bills.
For these reasons, following such a birthing injury, reach out to a knowledgeable brachial plexus lawyer as soon as you can. These lawyers can help determine the extent of your losses and damages and devise a plan to pursue the maximum compensation you need to cover your child’s treatments now and in the future.
Bringing a Birth Injury Legal Case in Chicago
A birth injury lawsuit is aimed to help families recover financially for preventable birth injuries, including cerebral palsy, brachial plexus, and other medical conditions. This means that proving a birth injury case in Chicago is similar to other types of medical malpractice claims, and the same elements will need to be met.
As a result, the first step in proving that a healthcare professional was responsible for your child’s injuries and damages is to establish the proper standard of care and use this standard to measure the healthcare worker’s actions against it. To prove this step, a medical expert will usually have to check what the health care provider did during the labor and delivery process and compare it to what a similarly skilled doctor or health care professional would have done under similar circumstances.
Next, it will need to be determined whether the health care professional deviated from this proper standard of care, ultimately leading to the child’s brachial plexus injuries. Unfortunately, due to the costs involved with a medical malpractice lawsuit, proving that the doctor’s negligence resulted in the patient’s injuries is not always enough. Rather, if you want to pursue a successful claim, you will also have to show that significant financial damages resulted from these injuries and losses.
Fortunately, when you work with a knowledgeable Chicago brachial plexus attorney, you will not have to take on this legal claim alone. Instead, these lawyers can take over this case for you, prepare strong legal arguments to validate your claim, and help you go after the financial damages your child and family deserve.
Local Issues That Can Affect Your Chicago Brachial Plexus Case
Chicago is known to have some of the top hospitals and medical teams in the country. That is why it can be incredibly stressful and overwhelming to find out that your child suffered a brachial plexus injury due to the wrongful actions of a doctor or a medical care provider. Yet, these incidents happen and even occur at some of the best medical centers in the area, including Loyola University Medical Center, Northwestern Memorial Hospital, and University of Chicago Medical Center.
For these reasons, if your child suffered a severe injury and you believe the doctor or hospital is at fault, it is important to explore your legal options and determine what legal remedies you can pursue by reaching out to an experienced Chicago birth injury attorney for a case evaluation.
The Statute of Limitations Following a Brachial Plexus Injury
When considering bringing a birth injury claim, one thing to keep in mind is that you only have a certain amount of time to bring this lawsuit. If you do not, you can be barred from obtaining the compensation you may deserve.
For instance, in Chicago, individuals will only have two years to bring an injury claim following a medical malpractice incident. However, it should be pointed out that these regulations often have numerous exceptions that can alter this filing period, especially when it comes to a medical malpractice claim. As a result, to ensure you file your birth injury claim before time runs out, you should speak with a Chicago brachial plexus lawyer as soon as you can.
At the Zayed Law Offices, our attorneys can figure out not only what timeline you have to worry about when it comes to your injury claim but, if necessary, we can make sure that all your required motions and files are prepared and submitted before this time expires.
Financial Damages You Can Pursue After a Brachial Plexus Injury
Obtaining just compensation following a brachial plexus birth injury is a challenging undertaking, primarily since determining the extent of the losses and costs your family endured after this birthing injury can be a tedious and lengthy process.
That is why it is critical to have a thorough understanding of the losses that this injury may have resulted in, such as:
- Medical expenses related to hospitalization, surgeries, medications, doctor visits, emergency care, and other types of medical treatments
- Future, ongoing medical treatments such as rehabilitative therapy, pain management, or assistive medical devices
- A loss of a normal life
- A loss of future earnings
- Emotional distress
- Pain and suffering
- An increased risk of harm because of disabilities
Consequently, to determine what type of damages you may be able to pursue following a brachial plexus injury, it may be best to discuss the case with a Chicago brachial plexus lawyer from the Zayed Law Offices. Our attorneys have experience handling these complex birthing injuries and can figure out not only what types of damages you and your family can pursue but help ensure you secure the money you need so you are not left paying for the treatments and other costs associated with your child’s injuries.
The Insurance Companies Do Not Want to Help You
If your child suffered a birthing injury due to a healthcare provider’s wrongful actions, you likely will not be dealing with the at-fault party when it comes to obtaining compensation but rather the insurance company. However, this does not mean that this will make it easier for you to recover the money you need for the injuries your child suffered or the losses your family endured.
In fact, the insurance company will likely try to do everything possible to make obtaining this compensation as challenging as possible. Why? Because these insurance companies do not work for you or want to help you secure the maximum compensation you are entitled to.
Rather, like other for-profit companies, these insurers want to make money by minimizing costs and maximizing their revenue. This means that the less they pay you for your medical practice claim, the more money they make. That is why it is common for insurance companies to try to do everything they can to deny your claim or provide you with the least amount possible.
Consequently, before you speak with these insurance companies, it may be worth discussing your case with an experienced Chicago brachial plexus lawyer. These attorneys can handle all these communications and negotiations with the insurer on your behalf, ensuring you do not say or do something that can hurt your claim. Plus, if the insurance company denies your initial claim, these attorneys can process your appeal and help you fight for the total compensation you deserve.
Actions to Consider Following a Brachial Plexus Birth Injury
If your child suffered a brachial plexus injury, the last thing you want to worry about is whether you have a viable legal case or what steps you need to take next to file a claim. However, taking action early can not only help ensure your child gets the necessary medical treatments, but these steps can also help protect their legal rights.
For these reasons, following this type of birthing injury:
Get an Appropriate Evaluation and Further Medical Treatments
You want to ensure your child gets the appropriate medical treatment as soon as possible. Depending on the circumstances of the brachial plexus injury, the trauma may require further medical care as well as an ongoing assessment to ensure your child gets the proper help.
In addition, getting this further treatment can also help your attorney understand the extent of your child’s injuries, the type of care they will need in the future, and the full extent of your child’s losses, which can help their legal claim.
Obtain Medical Records
Obtain your child’s medical records as soon as possible. This can help make sure that nobody tries to alter these documents and that they do not get misplaced or lost.
In addition, you will want to keep track of all the bills and expenses related to your child’s injury, as well as paperwork related to their diagnoses, medical treatments, test results, and other financial statements, and give them to your attorney for review.
Reach out to an Experienced Chicago Brachial Plexus Lawyer
Once you obtain the necessary care your child requires, reach out to an experienced Chicago brachial plexus attorney as soon as possible. Zayed Law Offices can evaluate your claim, determine if your child has a valid case, obtain medical records and bills for you, and figure out the next steps.
Frequently Asked Questions Following a Brachial Plexus Injury
It is normal for parents and guardians to have numerous questions when their child suffers harm because of a doctor’s or health care professional’s wrongful or negligent actions.
That is why, in the following FAQs, we will go over some of these concerns and provide the answers you need to better understand your legal options and how an experienced brachial plexus lawyer can help your situation.
1. How Do You Know if You Have a Valid Brachial Plexus Injury Case?
Unfortunately, bringing a birth injury lawsuit takes more than just showing that your child was harmed during a procedure. As mentioned above, numerous elements must be established before you can proceed with further legal action.
Worse yet, it is likely that the health care professional and their team will make it as hard as possible for you to obtain the information you need to show what happened and who was at fault. As a result, following this incident, you should reach out to an experienced Chicago brachial plexus lawyer as soon as possible. At the Zayed Law Offices, our attorneys can promptly review your child’s medical records, determine if their injuries resulted from a health care professional’s mistakes, and help you pursue legal action to recover the money your child deserves.
2. How Long Will Your Birthing Injury Case Take to Resolve
When it comes to birthing injury claims, there is no timeline for how long these cases will take to resolve. In fact, it can take anywhere from months to years for these claims to conclude.
However, typically, the extent of this timeline will usually depend on the following factors:
- The severity of the brachial plexus injuries
- The jurisdiction where the lawsuit is filed
- The number of experts involved in the case
- The insurance company’s willingness to negotiate and cooperate
- Accessibility to medical records and witnesses
- The amount of time it takes to gather and review all the documents
- Whether the case goes to trial
If you want to better understand how long your legal claim may take, it may be best to discuss the case with a Chicago brachial plexus attorney. These legal professionals can review the facts of your case and determine what type of timeline you can be looking at.
3. How Much Is Your Brachial Plexus Case Worth in Chicago?
Because each brachial plexus case is unique, there is no way for an attorney to tell you exactly how much compensation you may be looking at when it comes to these claims.
In truth, the value of your case will often depend on several factors, including:
- The severity of the brachial plexus injuries
- The type of medical treatments that will be needed now and in the future
- Whether the brachial plexus injury resulted in a disability
- The certainty of pain continuing into the future
- The effects this injury will have on the child’s life and their ability to take part in regular activities
- The defendant’s culpability
- The reliability of the evidence presented
- The expert’s testimony regarding these injuries
Fortunately, when you work with a skilled Chicago brachial plexus lawyer, like those from Zayed Law Offices, you will not have to worry about figuring out which of these factors impact your case. Rather, these lawyers can review each of these elements, determine if they affect your legal claim, and prepare the most convincing arguments in response to fight for the monetary damages you need.
4. How Can the Zayed Law Offices Go After the Justice Your Child Deserves?
If your newborn suffered a devastating injury because of a doctor’s or other healthcare worker’s negligent actions, our lawyers can help you hold these professionals accountable for the harm and losses that resulted.
At the Zayed Law Offices, our legal team has the resources, skills, and experience to take on these complicated birth injury claims and fight for the outcome your family both wants and needs.
Once hired, our attorneys can:
- Figure out whether you have a viable legal claim and the legal options you can pursue.
- Analyze the details of your case and secure the evidence needed to show fault and damages.
- Hire the medical experts needed to substantiate your claim.
- Take on the settlement negotiations and go after an offer that is fair to your child and family.
- Head to trial if these negotiations are going south, and fight tirelessly to secure the damages and justice your family needs.
To determine what can be done about your child’s brachial plexus injury, contact the Zayed Law Offices today for a free, no-risk consultation, or call us at (312) 726-1616 and find out how our lawyers can fight for your child’s rights.
Zayed Law Offices
161 North Clark Street, Suite 1600
Chicago, IL 60601
Phone: (312) 726-1616
Medical malpractice is when a healthcare provider engages in an act or fails to engage in an act that is in line with the standard of care for that particular practice or procedure.
We expect a basic level of quality from a medical professional when they perform a specific procedure. We examine the quality of care that a reasonable healthcare provider in the same situation would provide. This will vary from procedure to procedure and is informed by collecting expert opinions from other practitioners, considering the norms and the unique facts and circumstances of your procedure and the injury that resulted.
A standard of care is the norm in the industry, which in terms of the medical field is what you can expect of any healthcare professional and healthcare facility if you seek out the procedure.
When a doctor deviates from the standard of care, you experience an outcome that is outside the norm, and this is where medical malpractice has occurred. As we’ll discuss below, any person accepts certain risks when undergoing surgery or medical treatments. These risks do not include medical malpractice, which deviates from the standard of care.
When you have suffered an injury due to medical malpractice, the party you will be targeting will most likely be an insurance company. Your doctor and the healthcare facility in which they performed your procedure are both covered by their insurance specifically to pay for instances of medical malpractice. It is a part of doing business in the medical field, and doctors carry medical malpractice insurance to cover them if a mistake happens and injury results. When you have suffered an injury due to medical malpractice, you are entitled to damages, and insurance companies, as noted above, do not work for you; they work for profits. Collecting full damages for your medical malpractice injury requires that you accurately calculate your short and long-term costs and damages associated with your injury. This includes short-term medical bills and expenses alongside lost wages. In the long-term, your medical malpractice injury can result in substantial costs from medical treatment, medication, and rehabilitation, and even more significant losses in terms of earnings potential if your injury results in a disability. The amount that you are entitled to in terms of lost earnings is equal to the difference in what you can earn from the time of your injury through your working life, in present value. This is a difficult calculation that requires knowledge of similar cases and is something that the attorneys at Zayed Law Offices can assist you on.
Suppose you ask your doctor whether you have experienced medical malpractice after suffering an injury. In that case, you ask the person whose mistake might have caused your injury to admit it. This is not a great idea and generally will not help your case. Simply ask for your records and reach out to a medical malpractice attorney to explore your injury’s unique facts and circumstances to determine whether you have a viable claim for medical malpractice. Whether or not your doctor deviated from the standard of care that they owe you will depend upon whether the injury they caused was a likely risk of your procedure or something that occurred due to a mistake or omission on their behalf that simply should not have happened. Knowing the applicable standard of care in your procedure requires knowledge of related medical procedures and also similar cases. Your medical malpractice attorney will have a network of medical professionals from whom we can collect expert opinions to determine the applicable standard of care for your procedure and identify specific areas where a caregiver violated it. The standard of care that medical staff owes you is a duty on behalf of the healthcare provider and the doctor alike, and if they violated it, you are entitled to damages. Zayed Law Offices have the knowledge, experience, and network of medical professionals you need to accurately identify whether medical malpractice has happened and, if so, to collect the fullest possible damages for your injuries.
If you suspect that you have experienced medical malpractice, the first step to take is to request your medical records then contact an attorney. Do not accuse your healthcare provider or the healthcare institution directly of medical malpractice or of injuring you. You have a legal right to your medical records, and from there, your medical malpractice attorney and their team of professionals will assess the unique facts and circumstances of your case and injury and compare them to the norm. Identifying when medical malpractice has occurred requires knowledge of prior cases, in addition to the norms of practice. The experienced attorneys from Zayed Law Offices have the experience necessary to identify when medical malpractice has occurred and the network of medical and occupational experts to accurately measure the damages that you are entitled to. Pursuing a medical malpractice claim requires that you file your claim with the insurance company, which must include a complete and accurate application, in addition to evidence in support of your claim. If you submit an initial claim that only covers your immediate medical bills and lost wages but ultimately fails to cover your long-term expenses like rehabilitation, medication, and lost earning ability, and you accept the settlement, the process is complete. You get what you get, and any future costs associated with your injury will come out of your pocket. This can leave your family financially unstable, and if your injury impacts your ability to work, it can also negatively affect your capacity to support your household.
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.
A statute of limitations is the time during which you are allowed to file a lawsuit for an injury. For example, suppose there is a one-year statute of limitations on car accidents. In that case, you can only file a lawsuit to collect damages that insurance didn’t cover up to one year of the accident. When it comes to medical malpractice, there are a variety of statutes of limitations that might apply, depending upon the unique facts and circumstances of your case. Most injury and death cases in Illinois have a two-year statute of limitations, but medical malpractice cases are more complicated and can range from one to seven years. The number of years that apply to your injury will depend upon the facts of your case, and your medical malpractice attorney can assess them and determine the best path the complete recovery is in your case.
A waiver or consent form is a common thing for doctors and healthcare facilities to require of a patient before undergoing a procedure. What the waiver and consent do is release the doctor and hospital from liability in the event of a foreseeable injury that is common with the particular procedure. When a patient agrees to undergo a procedure, they agree to certain risks that are implicit with the procedure, and these risks may happen regardless of how well the doctor or the healthcare facility provides for what you have done. A waiver and consent form, however, does not cover medical malpractice. Medical malpractice, as explored above, applies to injuries that occurred due to procedures that violated the standard of care. A doctor or a healthcare facility cannot engage in activity or omit an activity that fails to provide the standard of care. When this happens, and injury occurs, medical malpractice has occurred, and a waiver or consent does not apply. Medical malpractice is outside the scope of the risk you accept through a consent or waiver form, and if you have suffered an injury in a procedure, you may be entitled to damages. Knowing whether an injury was within the scope of what you agreed to within the waiver can be difficult to determine without understanding contract law and the limits of consent and waiver within the medical context. Your medical malpractice attorney can review your waiver and consent agreement alongside your case’s unique facts and circumstances to help determine when you have a viable case for medical malpractice.
The amount that your medical malpractice attorney recovers for you is generally not taxable. You may recover your compensation through your initial claim with the insurance company, or it may be necessary to file a lawsuit. The amount you recover when you work with a medical malpractice attorney will be more consistent with your total damages regardless of which path you take to recover the compensation you deserve. When you start the process with an attorney, the insurance company will more likely offer a settlement that covers your damages. However, lawsuits are sometimes necessary, and with the assistance of a medical malpractice attorney, you can focus on recovering from your injuries while your attorney ensures that you recover the total compensation you deserve.
All patients are legally entitled to copies of their medical records. All you have to do is request them. In some instances, you may have to pay a fee to the records department for the copies, but all you need to do is provide the necessary identifying information to the records department and ask for a copy. At this time, you do not need to communicate why you want the documents. Do not accuse your healthcare provider directly of medical malpractice or alert the records department of the reason for your request. This is not necessary and will not lead to the best possible outcome in your case. After you have suffered an injury, request copies of your medical records, and reach out to a medical malpractice attorney in your area to help you collect what you deserve. 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.
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.
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At Zayed Law Offices, we are proud advocates on behalf of our clients’ interest. Our clients are usually going through one of the most difficult periods of their lives when they come to us for representation. Nothing pleases our team more than when our clients are satisfied with the outcome of their case.