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.
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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.
Chicago Has Many Hospitals and Treatment Options
Chicago has many reputable hospitals and options for where you can receive your treatment, and the last thing that you expect to happen at a respected facility is to suffer injuries due to medical malpractice.
Some Windy City hospitals and medical centers where medical malpractice might occur include:
- Loyola University Medical Center
- Rush University Medical Center
- Northwestern Memorial Hospital
- Advocate Christ Medical Center
- NorthShore University HealthSystem-Metro Chicago
- University of Chicago Medical Center
Mistakes can and do happen regardless of which hospital provides your treatment and which doctor performed it. Keep in mind that malpractice can happen right in your trusted doctor’s office. Some mistakes are a part of the reasonable risk that you take when undergoing a medical procedure, but other errors go beyond that and rise to the level of malpractice.
When serious errors happen and cause injury to patients, medical malpractice may have occurred. Below, we will explore what medical malpractice is, how you can tell when it has happened, and the importance of reaching out to a medical malpractice attorney as soon as possible after your injury to support the best possible outcome in your claim. If you want to discuss your or your child’s injury with a legal professional, reach out for a case evaluation today.
The Zayed Law Offices Provide the Knowledge and Experience You Need to Win Your Claim
When you have experienced medical malpractice, you will be going against the doctor, the healthcare organization with work for, and the teams of full-time attorneys and claim specialists that work for the insurance companies of the doctor and treatment facility. As we’ll explore, you’ll negotiate with the insurance companies of the doctor and hospital responsible for your injury.
Their interests are counter to yours. Having a medical malpractice attorney on your side as soon as possible after your injury ensures that you collect the evidence you need to make the most of your case in the time you have to bring the case. The attorneys at Zayed Law Offices have decades of combined experience with medical malpractice cases and know the norms to apply to your case to maintain the best possible outcome.
The attorneys at Zayed Law Offices work tirelessly to recover the total amount of damages you are entitled to so that you aren’t left having to pay for any of the bills and expenses associated with your injury. Do not shoulder any financial losses from your injury, like lost wages or a change in your ability to work due to the injury.
You can recover compensation for any changes in your lifestyle, whether your earning ability or your capacity to enjoy the hobbies and activities you enjoyed before the injury.
Medical Malpractice Damages are Complex and Difficult to Accurately Measure
The amount that your injury from medical malpractice might cost you and your family in the short- and long-term can be challenging to measure without a comprehensive understanding of the potential costs and losses that your injury might entail.
Short-term costs include any follow-up medical care and treatment necessary to treat your injury, including medication. You may also have long-term costs like ongoing medication for pain management, treatment needs, and rehabilitation. Your injury may also cause a short- or long-term disability that impacts your ability to work and support your family.
A claim for your medical malpractice injury puts you and your family in a position as though the injury had not happened. In the short term, this covers your additional bills, costs, and lost wages.
In the long-term, your ongoing medical needs should be covered, in addition to any lost earnings ability due to your earnings potential. If you can return to work but only to a lesser-paying position, then the difference in your earnings from the time of the injury through your working life is a part of the damages you deserve.
The necessary calculations to measure the total damages of your medical malpractice injury can be difficult and complex, and an experienced medical malpractice attorney from Zayed Law Offices has the knowledge and know-how you need to ensure that your family is taken care of and you are not left paying for the costs associated with your injuries.
The Insurance Companies Do Not Work For You
When you are working on collecting damages for your injuries, the insurance company of your doctor and healthcare facility does not work for you. They work for a profit. Like any other for-profit company, the insurance companies make the most of their profits by maximizing revenues and minimizing costs.
Insurance companies’ revenues are the amount in premiums that they collect from their doctor or healthcare facility clients. Their costs are injured persons who file claims to have their damages covered. Insurance companies make the most of their profits by denying whichever claims they can and paying as little as possible on those claims that are approved.
Your medical malpractice attorney will step into your shoes and handle all communications and negotiations with the insurance company on your behalf. By contacting us as soon as possible after your injury, we can help you every step of the way, from filing your claim through any appeals or lawsuits that might follow. Your initial claim is assembled by filling out the necessary applications and collecting evidence supporting your case.
Common reasons they might reject your initial claim include an incomplete or inaccurate application or a lack of sufficient evidence with your application. If they deny your initial claim, a medical malpractice attorney from Zayed Law Offices can process your appeal for you, which is generally even more challenging to get approved.
A medical malpractice attorney on your side as soon as possible after your injury will support your ability to collect the full damages you are entitled to for your injuries. In the following FAQ, we will explore common questions associated with medical malpractice and explain when to contact a personal injury attorney and how they can help you make the most of your claim.Medical Malpractice Attorneys Even the Playing Field and Support Your Case
The doctor and hospital and their insurance companies will have a full-time team of claim specialists and attorneys working against you with decades of combined experience denying and reducing claims.
Your medical malpractice attorney will be by your side to ensure that you can recover the full damages you deserve, with the attorney at Zayed Law Offices having their decades of experience supporting victims of medical practice like you make the most of their damages, so they don’t have to pay the bills associated with their injuries. Your injury should not impact your financial stability and ability to support your family, and the compensation you receive should cover all related costs and losses in full.
Recovering from medical malpractice is more than just healing from your injuries. It is being put in a position financially as though the injury never happened. In the following FAQ, we’ll explain what medical malpractice is and in what situations you can expect to recover damages for your injuries. Remember, do not directly accuse your healthcare provider of medical malpractice, just request your records and reach out to a personal injury attorney with a medical malpractice focus like Zayed Law Offices.
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 have 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 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.