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Palatine birth injury attorneysCerebral palsy is a movement disorder that causes a range of debilitating symptoms. A child with cerebral palsy may suffer from difficulty controlling his or her muscles, vision and hearing problems, difficulty eating and speaking, seizures, and more. About a third of cerebral palsy sufferers also experience intellectual and learning impairments. The causes of cerebral palsy are not fully understood, however, there are cases in which a child’s cerebral palsy is caused by a doctor’s failure to provide competent medical care during pregnancy, labor, or delivery.  

Causes of Cerebral Palsy

Cerebral palsy is most commonly caused by atypical brain development before, during, or shortly after a child’s birth. Many different types of factors can cause a child to develop cerebral palsy, including:

  • Maternal infections
  • Reduced blood to the infant’s brain or fetal stroke
  • Brain bleeds
  • Infant infections
  • Traumatic head injury
  • Lack of oxygen to the brain

Medical Negligence Can Lead to Cerebral Palsy

Medical professionals have a legal obligation to provide medical care that meets the accepted medical standard. If an obstetrician or other medical professional makes a mistake or uses poor judgment and this leads to a patient’s injury or death, the medical professional may be liable for damages.

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Arlington Heights medical malpractice attorneysSurgeons, doctors, and other medical professionals have an incredibly important job. A single mistake can lead to a patient’s severe injury or even the patient’s death. Medical malpractice claims against negligent medical professionals can serve two important purposes: holding the negligent medical professional accountable for the patient’s harm and recovering financial compensation for the patient or the patient’s surviving loved one. To win a medical malpractice claim, medical malpractice lawyers often utilize testimony from expert witnesses.

Demonstrating the Defendant’s Breach of Duty

Medical malpractice may involve failure to diagnose, misdiagnosis, medication mistakes, surgical errors, birth injuries, and a range of other issues. However, most medical malpractice claims come down to four main questions:

  • Did a doctor-patient relationship exist?
  • Did the medical professional breach the medical standard of care?
  • Is the patient’s injury or death a result of the breach of care?
  • Did the patient or the patient’s surviving family suffer damages or financial losses due to the injury or death?

The “medical standard of care” is the type of care that a reasonably skilled medical professional in the same field would have provided under similar circumstances. Many medical malpractice claims involve complicated medical issues and medical decision-making that is hard for a lay person to understand. Medical experts are often used to provide insight about whether the defendant’s conduct breached the medical standard of care. For example, an expert in the field of birth injuries may offer his or her opinion about whether an obstetrician should have performed an emergency Cesarean delivery (C-section) or not. The expert may also speak to the cause of the patient’s injury or death and whether the defendant’s actions directly contributed to the injury or death. A medical expert may offer opinions based on his or her own medical experience and knowledge. The expert may also point to industry standards and information in academic publications.

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Schaumburg workplace injury attorneysConstruction workers have an extremely dangerous job. They work with heavy equipment, toxic substances, and often at great heights. Construction workers may suffer spine injuries, broken bones, amputations, traumatic brain injuries, and other serious injuries. If you or a loved one was hurt on the job while working at a construction site, you may have questions about your legal options. You may wonder if you are entitled to compensation through workers’ compensation and other means. An experienced workers’ compensation attorney can help you explore all of your legal options and sources of potential compensation.

Reimbursement for Medical Expenses and Lost Income Through Workers’ Compensation

Employers with one or more employees are required to carry workers’ compensation in Illinois. The Illinois Workers Compensation Act mandates workers’ compensation insurance and prohibits employees from suing their employers for injuries in most cases. Workers’ compensation is “no-fault” meaning that you do not have to prove that your employer acted negligently in order to be entitled to compensation. You may recover compensation for your medical care as well as partial lost wages from missed work through workers’ compensation.

Compensation Through a Third-Party Claim

Many injured workers do not realize that workers’ compensation is not necessarily the only potential source of reimbursement after a serious work injury. If your injury was caused or contributed to by the negligent actions of a party other than your employer, you may be able to bring a personal injury claim against that party in addition to your workers’ compensation claim. You may be able to recover your full lost wages and medical expenses as well as other damages such as physical pain and mental suffering.

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Rolling Meadows wrongful death lawyersThe death of a child is one of the most heartbreaking experiences a person can possibly endure. Losing a baby is devastating regardless of the reason, but when an infant’s death is caused by medical negligence, the loss can be even more painful. Medical malpractice actions are civil claims used to hold negligent medical professionals and facilities accountable when substandard care leads to a patient’s injury or death. A medical malpractice claim may also help the family of a deceased patient recover financial compensation for damages.

Determining the Reason for the Infant’s Death

If your baby passed away shortly before, during, or soon after his or her birth, you are probably desperate for answers. You want to know if the tragic death was avoidable. If the death was preventable, you want the responsible parties held responsible for the needless tragedy. It is estimated that over 7,000 infants die each year in the United States. Some of these deaths are unavoidable while others are caused by medical negligence. Infant wrongful death may be caused by a number of medical mistakes including:

  • Failure to properly monitor the infant for signs of distress
  • Improper use of assistive tools such as forceps and vacuum extractors
  • Failure to perform a C-section or delayed C-section
  • Surgical mistakes during a C-section
  • Unaddressed umbilical cord issues
  • Medication errors
  • Inadequate prenatal care and screening
  • Failure to properly account for maternal risk factors such as gestational diabetes or obesity

Violating the Medical Standard of Care

The four main components to any personal injury claim are duty, breach of duty, causation, and damages. Medical professionals are expected to provide medical care that meets the accepted “medical standard of care.” This is the type of care that a medical professional of the same background and education would have provided in a similar situation. A medical malpractice attorney can investigate the circumstances of your infant’s death and determine if medical negligence caused or contributed to your tragic loss. Medical experts may provide insight about whether the actions that doctors and other medical staff took meet the accepted medical standard of care.

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Schaumburg wrongful death lawyersThe death of a family member is always a sad event. However, there is a difference between situations where a person passes away due to natural causes after a long life and cases where a person’s life ended abruptly and unexpectedly. When someone dies because of someone else’s actions or negligence, their family members will often be left without closure, and they may struggle both emotionally and financially as they deal with the loss of their loved one. In these cases, families may be able to pursue compensation from those who were responsible for their loved one’s death by filing a wrongful death lawsuit.

Damages in Wrongful Death Cases

A wrongful death claim may be appropriate in any situation where a person or company caused a person’s death, either intentionally or through negligence or inaction. For example, a drunk driver may be liable for the wrongful death of a person who died in a car accident, or a pharmaceutical company may be responsible for a death that occurred because of the harmful side effects of a dangerous drug.

The personal representative of a deceased person can pursue a wrongful death claim which can seek damages that will be paid to the person’s spouse or other dependents. These damages may include:

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