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Do I Have a Birth Injury Case?
Posted By Power Rogers & Smith, L.L.P. || Oct 19, 2017
If you or your child was injured during labor or delivery, you may qualify for a birth injury claim seeking compensation for your losses. Consider the following questions, and if you can answer “yes” to them, then you may have a case. However, these claims are best investigated by an experienced birth injury attorney, so be sure to contact an experienced attorney at Power Rogers & Smith, L.L.P. directly to go over the specific details of your case.
- Was there an established doctor-patient relationship? This establishes the doctor’s duty to care for the patient.
- Did the doctor breach their duty of care? A “breach of care” is any deviation from the acceptable standard of care.
- Did the doctor’s deviation from the standard of care result in damages? Birth injury claims must involve a serious or permanent injury or wrongful death.
- Can the breach in the standard of care be linked to the damages? Causation must be shown – that the negligence directly contributed to the damages.
The Burden of Proof in Birth Injury Lawsuits
If there was a breach of duty of care that caused or contributed to a plaintiff’s injury, the plaintiff may have grounds to file a tort action based on negligence. “Assumption of risk” is a traditional defense to personal injury actions, and claims that either express or implied assumption of risk holds the defendant harmless for any injury that might result from said conduct. The plaintiff in these cases has the burden of proving the following:
- The defendant’s action or omission was negligent
- The plaintiff was injured
- The defendant’s negligence was the proximate cause of the plaintiff’s injury
In birth injury cases involving multiple defendants, the plaintiff has the burden to prove these three factors separately for each defendant.
Pursuing Justice for Injured Children & Their Families
Birth injuries can be as financially as they are physically devastating, and knowing that the injury could have been prevented can be the most difficult part of all. The Chicago birth injury attorneys at Power Rogers & Smith, L.L.P. understand this and are committed to ensuring that injured children and their families have the financial resources they are owed to cover medical and daily care expenses. Having recovered over $4 billion in verdicts and settlements for the injured, you can feel confident that our firm has what it takes to represent you effectively. If you believe you may have a birth injury case and wish to have your questions answered by a reputable, proven attorney, do not hesitate to give our firm a call today.
Call (312) 313-0202 to get started with a free case review.