The birth of a child is one of the most special and exciting moments in parents’ lives. A great amount of trust is given to the obstetrician to ensure safe delivery. During childbirth, if complications occur, the delivery doctor and team must promptly assess and respond accurately to the situation. The welfare of both mother and child is in their hands. Unfortunately, mistakes are made in the delivery room, and the consequences for your baby can be detrimental.
Klumpke’s palsy results from nerve damage in a newborn’s spine and neck, often when their shoulders get stuck during birth. If the doctor does not use appropriate means to ensure safe delivery in these cases, Klumpke’s palsy can occur. This debilitating injury can cause permanent mental retardation and loss of motor functionality in the infant.
Medical Malpractice Can Happen in Many Hospitals and Treatment Centers in Chicago, IL
The Chicago area is home to many impressive hospitals and healthcare institutions, some independent and others linked to local universities. Options for procedures in Chicago include Rush University Medical Center, Northwestern Memorial Hospital, Advocate Christ Medical Center, University of Chicago Medical Center, Loyola University Medical Center, and NorthShore University Health System-Metro Chicago.
You chose an institution. You deserve quality treatment. We’ll discuss the minimum level below.
You may visit a respected hospital, but mistakes can still occur in any healthcare facility. Even healthcare institutions with great reputations still have experiences with medical malpractice. Medical malpractice occurs when a procedure harms you below expected medical standards, as we’ll explore shortly.
In the following sections, we’ll consider why you might deserve damages for your medical malpractice injury, what medical malpractice is in-depth, and how a medical malpractice attorney can help you collect what you deserve.
The Klumpke’s Palsy (Medical Malpractice) Attorneys From Zayed Law Offices Personal Injury Attorneys Are Here to Help
Experiencing Klumpke’s Palsy from a medical procedure is unexpected. Medical errors can entitle you to damages when they create problems. There is a difference between medical malpractice and an honest mistake within the bounds of normal healthcare.
Healthcare pros follow a standard of care. If care falls short, causing injury and costs, you can seek compensation.
Identifying medical malpractice, like Klumpke’s Palsy, can be tough without medical knowledge. Doctors may not admit mistakes to protect their reputation and avoid higher insurance costs.
Suppose you have suffered an injury in a medical procedure. In that case, it is often up to you and your attorney to identify if the injury is medical malpractice and if you can recover damages. Reaching out to an experienced medical malpractice attorney as soon as possible following your injury to review the unique facts and circumstances related to your case will determine what damages, if any, you deserve.
Measuring Your Chicago, IL Klumpke’s Palsy Damages is Difficult and Complex
Accurately calculating and knowing what damages you deserve without expert help is difficult.
Your damages consist of a combination of short and long-term costs and expenses linked to your injury. Accurately measuring your damages requires that you determine the cost of all the procedures and medical issues related to your injury, as well as their impact on your professional life and ability to work and earn income.
Short-term damages encompass medical expenses, treatments, medications, and lost wages due to injury. Long-term damages involve lost future earnings after injury.
Determining amounts without the right calculations and expert opinions is challenging. A medical malpractice attorney can connect you with local experts for injury insights.
Medical experts assess Klumpke’s Palsy’s long-term health impact, considering necessary treatment, medication, or rehabilitation for your injury. An occupational expert takes the medical information and translates it into how Klumpke’s Palsy will impact your working life.
Through the combined data provided by the medical and occupational experts that your medical malpractice attorney will refer you to, you can identify an accurate understanding of the costs linked to your injury. From there, we pursue maximum compensation for your injury to ensure that you recover the financial losses that resulted from your injury.
Insurance Companies Work For Profit – Not For You
It is generally not your doctor or the healthcare facility that will be responsible for compensating you for your damages, but rather their insurance companies. Doctors and healthcare facilities maintain medical malpractice insurance to cover themselves in the event of a costly mistake, and the injured patient has a right to compensation.
To get compensation, your claim needs solid proof. The insurance team tries to deny claims and cut payouts on approved ones.
Insurance companies are for-profit organizations that make their profit like any other for-profit company by maximizing revenues and minimizing costs. Their revenues are the premiums that they collect from doctors and healthcare organizations.
The costs to the insurance companies responsible for your damages are the amounts that they payout to claimants like you. Insurance companies increase their profit margins by denying whichever claims they can and paying as little as possible on those that meet the threshold for approval.
It is important to remember that your injury and the related damages must accompany your initial claim and application. The application must be both accurate and complete, with any omissions or errors leading to the insurance company rejecting your initial application.
An appeals process is an option, but rejected applications have lower appeal chances. Your attorney ensures a comprehensive application for better chances at recovering damages.
Klumpke’s Palsy Attorneys Are Your Experts Against the Insurance Companies
Insurance firms employ teams to find claim rejection grounds. If approved, they pay only as evidence mandates.
Submitting a complete claim matters. It affects compensation and processing time. Medical malpractice lawyers handle evidence and case strategy for better outcomes in claims or lawsuits.
The goal of seeking damages for medical malpractice is to restore your financial well-being as if the injury never happened. This involves covering all medical expenses, including short-term treatments and long-term rehab.
Your damages aim to replace lost wages due to your injury. Calculate this by assessing how the injury affects your ability to work and support your family.
Your attorney guarantees full medical malpractice damages, guiding you expertly and committedly through every step of the process.
IS YOUR CHILD KLUMPKE’S PALSY THE RESULT OF A BIRTH INJURY HOSPITAL ERROR IN CHICAGO, IL?
If your child suffers from Klumpke’s palsy due to the medical malpractice of your delivery doctor, you may be entitled to compensation. The medical malpractice attorneys at Zayed Law Offices Personal Injury Attorneys helps families whose children have sustained birth injuries due to the negligence of the delivering doctor. Birth injuries, such as Klumpke’s palsy, can mean a lifetime of special needs and medical treatment for an infant. Our dedicated Chicago birth injury lawyers fights to secure a fair settlement, which ensures that your child’s medical and financial needs will always be taken care of. Klumpke’s Palsy cases can be complex and require a knowledgeable lawyer to navigate the litigation effectively.
In the following FAQs, we’ll explore several commonly asked questions related to medical malpractice and explore how the experienced attorneys from Zayed Law Offices Personal Injury Attorneys can step in on your behalf and recover the best possible settlement for your injuries.
HOW DO I KNOW IF I HAVE A MEDICAL MALPRACTICE CLAIM?
To determine a medical malpractice claim, consider if the standard of care was violated during your procedure. Start with your procedure’s standard of care and consult medical experts, past cases for guidance.
Prior lawsuits and case precedent help your medical malpractice attorney determine the norms of a particular procedure. This information can also help determine what damages you are entitled to for your injuries.
Your attorney reviews your medical records, comparing them to the standard of care. They assess your injury and liability to identify responsible parties.
Your attorney assesses your damages and potential compensation based on medical malpractice experience. This involves negotiation skills and court procedures in your area if a settlement can’t be reached.
When recovering, you lack time to learn law, precedent, and negotiate with insurers for your case’s benefit. This is where your medical malpractice attorney evens the playing field for you against the insurance company.
WHO PAYS FOR THE DAMAGES RELATED TO MY MEDICAL MALPRACTICE INJURY?
When you have suffered an injury in an instance of medical malpractice, the doctor and medical facility in which the injury occurred will most likely be liable, and in turn, their insurance companies.
Doctors and facilities carry malpractice insurance to cover mistakes. It safeguards their practice from costly malpractice risks. If you sustain an injury during a medical procedure, our experienced attorneys will help you calculate damages and initiate a case.
The acceptance of your initial claim depends on its accuracy, completeness, and the level and value of the evidence you provide.
Your attorney has medical and occupational experts to show how your injury affects your health and work prospects. Without them, getting insurance compensation is tough, especially after an initial denial on appeal.
DO I HAVE TO FILE MY MEDICAL MALPRACTICE LAWSUIT IN A CERTAIN AMOUNT OF TIME?
Collecting damages for your medical malpractice injury begins with issuing your claim. There is a legal concept known as a statute of limitations, which is the time frame during which you can bring a claim. If you do not file a medical malpractice claim in this period, your rights to do so expire.
For example, if there is a one-year statute of limitations for a particular claim, then you can file a lawsuit for up to one year after the date of the incident that caused the claim. In terms of injury or death in Illinois, generally, the statute of limitations to bring a claim is two years. Medical malpractice, however, is more complicated, and the statute of limitations can vary from one to seven years, depending on the unique facts and circumstances surrounding your case.
Suffering a medical injury may take time to understand its full extent. As you recover, you’ll come to realize that it was unexpected. Statute of limitations gives time for gathering evidence in your case.
CAN I MAKE A MEDICAL MALPRACTICE CLAIM IF I SIGNED A WAIVER OR CONSENT FORM?
Doctors and healthcare facilities may require that you sign a consent or waiver form before undergoing a procedure. What a waiver or consent form means is that you agree to undertake the procedure and the risks that are related to the procedure when performed up to the standard of care.
Some risks are normal within the scope of a particular procedure, and patients who undergo the procedure must agree to these risks to have the operation. Medical malpractice is outside the scope of waiver or consent. No one can ask you to waive your right to damages if you suffered an injury due to the negligence or recklessness of a doctor or healthcare facility.
When you have suffered an injury due to a violation of the standard of care, the doctor or healthcare facility has engaged in negligence or recklessness, which they are liable for. In turn, they will look to the insurance companies that cover them for medical malpractice for coverage on your damages. Consulting a medical malpractice attorney to evaluate your records is the best way to discover your entitlement for injuries, even if your doctor or the hospital tries to make you believe otherwise due to your consent form or waiver.
WILL MY MEDICAL MALPRACTICE COMPENSATION BE TAXED?
The amount that you recover for your medical malpractice damages is generally not taxable, which means that more of that amount goes into your pocket to cover the costs associated with your injury.
Below, we’ll discuss how your medical malpractice attorney’s fees depend on your agreement. If on contingency, no upfront costs; attorney’s share grows with your winnings. This creates positive motivation for your attorney to do as well as possible in your case.
HOW DO I GET COPIES OF MY MEDICAL RECORDS?
Requesting medical records is simpler than you think. Ask the records department and possibly pay a fee. Legally, you can get them without giving a reason.
Don’t mention suspicions to healthcare providers when requesting records. Ask for records, then consult a medical malpractice attorney to assess potential damages.
HOW MUCH WILL MY MEDICAL MALPRACTICE ATTORNEY COST?
Your medical malpractice attorney may cost nothing upfront if they work on contingency. You deserve damages for injuries during substandard care. Winning your case is the only way we get paid in a contingency arrangement.
Before commencing, you and your attorney establish a mutually agreed-upon percentage representing your attorney’s earnings based on what they generate for you. This ensures that your attorney is strongly motivated to maximize your earnings because they have a direct tie to it. You pay nothing out-of-pocket, and your attorney collects payment if they win on your behalf.
HOW DO I START MY MEDICAL MALPRACTICE CLAIM?
Reaching out to a local medical malpractice attorney from Zayed Law Offices Personal Injury Attorneys is a no-risk opportunity to explore options on your case. If your case is a fit with our firm, we will provide you with top-notch legal representation through every step of the process. Our office offers free, no-obligation consultations and work on a contingency basis. Contact us now to discuss how we can help you recover the maximum compensation for your medical malpractice injury.
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice occurs when a provider breaches the patient’s care standard. This standard is the expected quality in a procedure.
This is a difficult concept to define as each procedure will have a different standard of care. To learn what the standard of care for a procedure takes experience, the experience that doctors and healthcare facilities have and can use against you. The good news is that your medical malpractice attorney can put their knowledge and experience to work in favor of your claim and challenge any defenses by negligent doctors.
If you suspect medical malpractice and injury from a procedure, avoid directly accusing your doctor or facility to preserve evidence.
Simply request a copy of your medical records according to the law, then contact a medical malpractice attorney from Zayed Law Offices Personal Injury Attorneys as soon as possible to determine options in your case.
WHAT DO I HAVE TO PROVE IN ORDER TO SUCCESSFULLY BRING A MEDICAL MALPRACTICE CLAIM?
After establishing the doctor-patient relationship, the healthcare provider must follow the relevant standard of care. A patient bringing a medical malpractice case must show that the healthcare provider breached the standard of care, that the breach caused injury, and that the breach caused the 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.
HOW DO I KNOW IF MY DOCTOR HAS COMMITTED MEDICAL MALPRACTICE?
Doctors often attempt risky procedures, no guaranteed success. A bad outcome doesn’t prove malpractice. Suspicion arises with unexpected procedure results. Investigate with an experienced malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams.
WHO WILL BE HELD RESPONSIBLE FOR YOUR MEDICAL MALPRACTICE CASE?
Health care providers can bear responsibility in cases of medical malpractice, along with the institutions they have affiliations with. An experienced medical malpractice attorney will be able to identify ALL parties who are responsible.
WHAT IS THE STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE LAWSUITS?
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 1-7 years depending on the facts of the case. It’s best to contact a personal injury attorney who will guide your case through the gauntlet statutes of limitations.
WHAT SHOULD I DO IF I HAVE A SUSPICION THAT ONE OF MY HEALTHCARE PROVIDERS HAS COMMITTED MEDICAL MALPRACTICE?
One of the most important things to do in the event of a suspected medical malpractice is to avoid accusations. Make sure that you request your medical records and then consult an experienced medical malpractice attorney to review. Once reviewed, the attorny will be able to provide guidance on your potential cause of action.
WHAT IF I SIGNED A CONSENT FORM? DOES THAT MEAN I HAVE WAIVED MY RIGHT TO BRING A MEDICAL MALPRACTICE CLAIM?
Signing a consent form acknowledges your awareness of the 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.
ARE AMOUNTS RECOVERED FOR MEDICAL MALPRACTICE CLAIMS TAXABLE IN CHICAGO, ILLINOIS?
Amounts recovered from medical malpractice lawsuits are generally not taxable.
HOW DO I OBTAIN MY MEDICAL RECORDS IN CHICAGO, IL?
All patients have a legal right to obtain a copy of their medical records. Make these requests in writing and include the following details: 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.
Contact an Experienced Birth Injury Law Firm in Chicago
Zayed Law Office’s Chicago Klumpke’s palsy attornies are highly skilled in birth injury cases. Contact us today for a free case evaluation.