Shoulder Dystocia Birth
Newborns in particular are among the most vulnerable groups of patients. During and immediately after birth, newborns require extensive care. If their needs are not addressed, the repercussions can affect the baby for a lifetime.
At Zayed Law Offices, we are one of the leaders in our industry in representing victims of hospital malpractice, physician errors and other situations resulting in medical malpractice such as birth injuries. Our team of medical malpractice attorneys are known for its ability to undertake complex cases and will act as your advocate at all times.
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BIRTH INJURIES CAUSING SERIOUS INJURIES: SHOULDER DYSTOCIA
Shoulder dystocia is an extremely serious and even life-threatening injury that can occur during the birthing process. If the baby is unable to pass through the birth canal and the shoulder becomes compressed, the baby may only have seconds before an injury occurs. Injuries can also occur because of the high level of pressure on the umbilical cord. If your child has been injured, we are here to provide the legal assistance your need.
Holding Doctors Accountable
In many instances, these injuries could have been prevented. Doctors and medical staff are held accountable for monitoring a fetus and ensuring that if the fetus is in distress, that the proper medical treatment is administered. Attorney Adam Zayed is very experienced Chicago birth injury lawyer in the area of medical malpractice law, specifically with birth injury cases. He has been successful in representing families in birth injury cases involving cerebral palsy, brachial plexus and shoulder dystocia. We will take an aggressive approach to representing you and your family through the legal process and work to secure the maximum amount of compensation on your behalf.
Chicago Area Hospitals Are Not Immune to Medical Malpractice
Chicago is home to many great hospitals, including Northwestern Memorial Hospital, Rush University Medical Center, University of Chicago Medical Center, Loyola University Medical Center, Advocate Christ Medical Center, and NorthShore University HealthSystem-Metro Chicago. Each of these institutions services a great many individuals in the Chicago area each year, and they have a growing number of respected practitioners across all fields of medicine.
Whatever your or your child’s medical need, there are a great many service providers available to provide for your needs in the area. Hospitals across the United States have experienced supply issues, concerns with crowding, and other complications due to the pandemic. Unfortunately, when circumstances create scarce resources and overwork healthcare professionals, medical malpractice is more likely to happen.
Mistakes can take place even at elite Chicago hospitals, and when they do, the medical malpractice lawyers at Zayed Law Offices are not intimidated by the reputation of a physician or facility.
If you or your child has experienced a complication in a medical procedure or during birth, you may have encountered medical malpractice. Never accuse your healthcare provider of malpractice but instead come to our medical malpractice attorneys to discuss your case.
The first thing you’ll want to do is simply request your medical records, as you are entitled to do. We cover how you can do that below, and once you have your medical records, a medical malpractice attorney can assess your case and help to determine what damages might be available to you for your medical malpractice injury.
Zayed Law Offices Has the Experience You Need to Support Your Claim
The attorneys at Zayed Law Offices have the experience you need to achieve the total possible coverage for your medical malpractice injuries. Attorney Adam Zayed has a proven track record of success in medical malpractice cases, including various birth injury cases involving brachial plexus, cerebral palsy, and shoulder dystocia.
Our personalized approach to your case that best supports your rights sets our firm apart. We take an aggressive approach to representing you and your family through every step of the legal process, working to ensure that you receive the total compensation to which you are entitled.
The purpose of our representation in your medical malpractice claim is to “make you whole,” which is a legal term of art and the purpose of compensation – to put you in a position as though the injury had never happened. When it comes to medical malpractice, your child might not be able to fully recover from their injury, and the pain and suffering associated with it can be significant.
Being made whole after a medical malpractice injury can include payment for related medical bills, medication, treatment, and rehabilitation and any changes in earning ability and the capacity to enjoy your life. If you are unable to return to the same work that pays as well, you can be entitled to compensation to cover your loss in earnings potential from the time of your injury through your working life.
An Attorney from Zayed Law Offices Accurately Measures Your Damages
If you have suffered an injury due to medical malpractice, you might be unable to return to work not only in the short-term while you recover but also in the long term due to disabilities related to your injuries. Accurately measuring your damages requires that you compute the short and long-term medical costs associated with your injuries, in addition to the short and long-term impact of your injuries upon your occupational health and earnings ability.
If you cannot return to work or must return to a position that pays less, you experience economic damages that can make it difficult to support your family in the long term. Without an accurate computation of your damages, you may have to pay bills out-of-pocket in the future.
The insurance companies will be quick to offer you a settlement, hoping that you will take less than you deserve. Initial settlement offers might be attractive as they seem to cover related medical bills and even provide a bit extra, and the speed at which they arrive is also appealing. From the perspective of the insurance company, early settlement offers are hail Mary passes they hope you will take so that you sign away your rights to collect anything further in the future, leaving you to cover any additional costs.
The Insurance Companies Work for Profit, Not for You
In a medical malpractice claim, your lawyer will negotiate and communicate with the insurance companies for your healthcare provider and their healthcare institution. Insurance companies do not work for the persons seeking out coverage for injuries – they work for profits.
Like any other for-profit company, the goal of insurance companies is to make the most of their profit by maximizing revenues and minimizing their costs. Revenues are the premiums that the insurance company’s customers pay, and part of the costs of an insurance company are the amounts they pay out to claimants.
Insurance companies minimize their costs by denying whichever claims they can and paying as little as possible on those claims that are approved. If they reject your initial claim, you have a right to appeal, although it is even more challenging to have a claim accepted on appeal.
The odds are stacked in favor of the insurance company as they have full-time teams of professional claim analysts and attorneys working to deny and reduce whatever claims they can. The insurance companies handle thousands of claims a year and know how to fight court claims.
A medical malpractice attorney on your side helps to even the playing field so you receive the compensation you deserve, not what the insurance company would prefer to pay you in support of their bottom line.
Your Medical Malpractice Attorney Supports You and Your Family
Having a personal injury attorney with a medical malpractice focus by your side as soon as possible will support the best possible outcome for you and your family in your medical malpractice claim. The healthcare professional who caused your injury and the healthcare organization they work for will each have an insurance company.
Insurance companies have full-time teams of claim analysts and attorneys whose job is to deny the claims they can and pay as little as possible for those claims they cannot deny. If you try to bring your claim yourself, they may deny malpractice, and you are effectively alerting the insurance companies of your intent, which can make it hard to collect the evidence you need in support of your case.
Read on to learn answers to some commonly asked questions about medical malpractice to learn more about what options might be available to you. As you’ll see, working with a medical malpractice attorney to help on your case will support the best possible outcome and provide you the advocacy you need to focus on recovering from your injury while your attorney works to make the most of your compensation.
Your medical malpractice attorney steps into your shoes and handles all communications and negotiations with the opposing parties, removing the stress from your day-to-day lives.
Medical malpractice is the descriptor applied to conduct that deviates from the applicable standard of care in the situation. A standard of care is often a minimum level of care that healthcare providers must exercise in their practice. The standard of care concept in practice means that the healthcare provider must exercise the same level of knowledge or care that a reasonably careful healthcare provider in a similar situation would use. This means the basic standard in the occupation for a particular procedure. Your medical malpractice lawyer can demonstrate this by collecting expert opinions from other health care providers who work in similar positions. When a health care provider violates a standard of care, they engage in a practice or activity that a reasonably careful provider would not do. Alternatively, a health care provider violates a standard of care when they fail to do a practice or action that a reasonably careful provider would do and, in the omission, has engaged in medical malpractice. A doctor can either do something against the standard or not do something that is part of the standard to be held liable for medical malpractice, and your medical malpractice attorney can help determine what situation you are in and what compensation you deserve.
When you establish a doctor-patient relationship with a health care provider, the standard of care is in effect activated, and the healthcare provider must adhere to the standard of care that applies to your situation.
Suppose a patient believes that they have experienced medical malpractice. In that case, they must demonstrate that the healthcare provider breached the standard of care applicable in the situation, that the breach of the standard of care caused injury, and that the standard of care violation specifically caused the injuries to the patient.
This requires the collection of applicable and sufficient evidence in support of your case to demonstrate injury, damages, and your entitlement to them, something your medical malpractice attorney has done through quite a few cases.
Successfully prosecuting and winning a claim for medical malpractice can be a complex process that takes quite a bit of time and also money. Medical malpractice claims can also be difficult to win even when you have legitimately suffered an injury, as the insurance companies have full-time teams of claim specialists and attorneys working to deny or reduce your claim however possible.
An attorney with a proven track record of excellence and victory in medical malpractice claims is a critical element in bringing a successful claim and recovering from your injuries.
If you are not a doctor yourself, it is not likely that you know what the standards of care in the industry are for the particular procedure that you experienced. Doctors take advantage of this, and when medical malpractice occurs, it can go unnoticed if your doctor is not honest about their mistake, which might not be beneficial to their practice or reputation. If you think you have experienced medical malpractice, the first thing that your attorney will look to is whether or not the expected result was the outcome of your procedure. A bad result from a procedure or an outcome that you might not prefer is not necessarily evidence of medical malpractice. Some of the most significant evidence in a medical malpractice claim comes when the outcome or result of the procedure or medical action is widely unexpected. What matters in terms of medical malpractice is the applicable standard of care for the procedure you had. This is not common knowledge but rather something that professionals in the field know. If you suspect medical malpractice, follow up on your suspicions. The best way to investigate your suspicions of medical malpractice is by contacting an experienced medical malpractice law firm. When you reach out to a law firm experienced in medical malpractice, they will review the records of healthcare professionals and may order additional tests and exams to determine the validity of the outcome of your specific procedure.
If medical malpractice occurs, healthcare providers can be held responsible for the injuries and damages related to their medical malpractice. Additionally, any institutions affiliated with the healthcare provider may also be held accountable for the medical malpractice in some situations. You will not take the doctor’s money. They have professional licensing and insurance to cover their professional liability. If their institution is also responsible, they likewise have insurance. Your experienced medical malpractice attorney can identify all the parties responsible for your medical malpractice claim and collect the full damages you deserve.
If you think that you have experienced medical malpractice, you mustn’t begin the process by making accusations against your healthcare provider. Direct accusations against your healthcare provider before you have lined up a medical practice attorney on your side can be detrimental to your case. Once you notify the healthcare provider that you believe medical malpractice has occurred, they will be on the defensive and may begin to explore ways to prevent you from being covered before you even start to file. This is not to your advantage and can handicap your case from the get-go. To begin, simply request your medical records, as is your right. Then, reach out to an experienced local medical malpractice attorney to review your records and to provide you with guidance on any potential causes of action you have. Your healthcare provider must provide you with copies of your documents on request and cannot require that you give a reason, and it is crucial that you simply ask and offer no further information. If you would prefer, you can contact a medical malpractice attorney first, and if they take your case, you can count on your attorney to collect your healthcare records and all the evidence needed to support the best outcome in your case.
A consent or waiver form in no way means that you have waived your right to a claim when a wrongful practice has caused you injury. When you sign a consent form, you acknowledge the known risks of the medical treatment you will undergo. Signing a consent form does not mean that you consent to receive a medical treatment that is in any way below the applicable standard of care that a reasonable healthcare provider would apply in the unique facts and circumstances of your injury. The same goes for a waiver. While you might have signed something to waive your rights in the event of certain injuries or events happening within the common course of the procedure, you have not waived your right to damages if the healthcare provider violates a standard of care. The standard of care that a reasonable practitioner of medicine in the field would apply varies from procedure to procedure and changes with each patient’s unique facts and circumstances. Knowing what standard applies to your situation can be difficult to determine on your own, but your medical malpractice attorney and their network of medical professionals know what standards to apply and how to collect the full compensation you are entitled to.
The amount that you recover in your medical malpractice claim is generally not taxable. This means that you can use more of your settlement to help recover from your injuries and put your family in as close a position as possible, as though the injury had never happened. The purpose of compensation for your injuries is to make you whole or in a place as though you were never injured. While this includes medical bills and related expenses, it goes much further and takes into account both short- and long-term medical expenses and lost wages and earnings. Your medical malpractice attorney can advise you on what your best options are and work with you through every step in the process of collecting what you are entitled to.
All patients have a legal right to access a copy of their medical records. You should make requests for your medical records in writing. They must include the essential identifying details about you, including the patient’s social security number, date of birth, address, and other identifying information. You must request medical records by a specific time, and the patient must pay fees to the records department to access the files. Knowing how much time you have and how to access your records will depend upon unique facts and circumstances in your situation. Our medical malpractice attorneys can submit a timely and complete request for records so we have the evidence needed to support the best possible outcome in your case. Whether you or your child suffered injuries due to negligent medical professionals, make reaching out to a Chicago medical malpractice lawyer at Zayed Law Offices your first step toward financial recovery.
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.
A statute of limitations is the time limit after an injury has occurred during which you must bring a lawsuit, or the right to do so is lost. Statutes of limitation are applicable in both civil and criminal cases, and you’ve likely heard of the concept on some court television show or another. Statutes of limitation apply to your medical malpractice claim, and in Illinois, two years is the general time limit to file a lawsuit for injury or death. However, some unique details are specific to the area when it comes to medical malpractice. In terms of medical malpractice, the statute of limitations in Illinois can range from one to seven years, depending upon the unique facts and circumstances associated with your case. Knowing which statutes apply to your situation can be challenging to determine, but an experienced medical malpractice attorney who has prosecuted many such cases knows where to begin. Reaching out to a personal injury attorney with a focus on medical malpractice will help to guide your case through the various statutes of limitations that the insurance company and their attorneys might try and apply to deny you coverage. An attorney on your side evens the playing field and helps to ensure that you collect the full damages you are entitled to.
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.