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 is known for its ability to undertake complex cases and will act as your advocate at all times. Have questions? Read our Protecting Your Rights page for more information.
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 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.
Medical malpractice is a term used to describe conduct that deviates from the applicable standard of care. A standard of care is a generally a minimum level of care that should be exercised by a health care provider. A standard of care requires healthcare providers to exercise the same degree of knowledge or care that a reasonably careful healthcare provider would use. Violations of a standard of care occur when a healthcare provider does something that a reasonably careful provider would not do or when a provider fails to do something that a reasonably careful provider would not do.
Once the doctor-patient relationship has been established, the healthcare provider must adhere to the applicable standard of care. A patient bringing a medical malpractice claim must show that the healthcare provider breached the applicable standard of care, that the breach caused injury, and that the breach caused the patient’s injuries.
Prosecuting a claim for medical malpractice can be time consuming, complicated, and costly. Contacting an attorney who has a proven track record of excellence is an essential part of bringing a successful medical malpractice claim.
Very often doctors undertake risky procedures without any guarantee of success, and a bad result alone is not evidence of medical malpractice. One of the most solid grounds for suspicion of medical malpractice is when the results of a procedure are widely unexpected. It is important to look into any suspicions of medical malpractice, and this is best done by contacting an experienced medical malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams.
In the event of medical malpractice, health care providers can be held responsible as well as the institutions they are affiliated with. An experienced medical malpractice attorney will be able to identify ALL parties who are responsible.
Two years is the general time limit for filing suit for injury or death in Illinois. However, there are many nuances that apply to medical malpractice statutes of limitation. The statute of limitations for medical malpractice lawsuits is from one to seven years depending on the facts of the case. It is best to contact a personal injury attorney in order to consult with an attorney who will guide your case through the gauntlet of applicable statutes of limitations.
One of the most important things to do in the event of a suspected medical malpractice is to avoid outright accusations toward your healthcare provider. Make sure that you request your medical records and then consult an experienced medical malpractice attorney to review the records and provide guidance on your potential cause of action.
Signing a consent form means you have acknowledged that there are known risks associated with your medical treatment. A signed consent form does not mean that you have consented to medical treatment below the applicable standard of care owed by all healthcare providers to their patients.
Amounts recovered from medical malpractice lawsuits are generally not taxable.
All patients have a legal right to obtain a copy of their medical records. These requests should be made in writing and must include details like the patient’s social security number, address, date of birth, etc. Requesting medical records can be very timely and may require payment of fees to the records department providing the records.