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If medical negligence has put your newborn in harm’s way, you and your little one shouldn’t be left to deal with the consequences on your own—an experienced medical malpractice lawyer can help.
As experienced Chicago birth injury attorneys know, infant injuries and birth complications can arise for a variety of reasons. For example, negligence during the delivery can easily lead to life-altering accidents that irrevocably compromise your baby’s physical well-being. Mishandling the child immediately after birth can also cause terrible injuries—even negligence during your prenatal care can have devastating effects on the health of your newborn.
If your child is born with or develops health conditions as a result of negligence and poor medical care, the amount of emotional distress that you and your child will go through can be immeasurable. A birth injury can result in medical problems that last a lifetime and permanently cripple your child, all because of someone’s lack of care. However, that isn’t the only price you both pay. Caring for a special needs child requires a level of care that most parents don’t know, including special safety precautions, education, physical therapy, medications and operations. You should never be forced into a position of financial hardship as a consequence of someone else’s carelessness, which is why Chicago’s top birth injury attorneys will always advocate for your child’s wellbeing.
Because medical errors and negligence are considered a form of medical malpractice, lawyers will take your case to court if need be, so that you and your child receive the care and compensation you deserve. If someone’s behavior has compromised the health and well-being of your newborn, you don’t have to quietly accept it—you can hold them accountable in accordance with the law.
A birth injury is an injury that occurred during the birth itself, such as an injury caused by the improper use of forceps. A birth defect is harm that occurred before birth that can be traced to something that happened during pregnancy or, in some cases, even before pregnancy – a deformity caused by a defective drug taken during pregnancy, for example.
To win a medical malpractice lawsuit, you must prove that (i) the doctor or other healthcare provider failed to meet the applicable standard of care, and (ii) this failure to meet the applicable standard of care actually caused the infant/birth injury that triggered the lawsuit. You must also prove the amount of damages that you are claiming.
Due to training and licensing, a doctor is held to a much higher standard of care than, say, a non-doctor who simply renders first aid after witnessing an auto accident. Moreover, a specialist such as a cardiologist is held to a higher standard of care than a general practitioner. Expert medical testimony (normally from another doctor) may be necessary to determine the exact standard of care in terms of what the doctor should have done under the circumstances that caused your injury. The mere fact that an injury occurred is not enough to establish that malpractice was involved – the injury must have been unnecessary.
There are a myriad of potential causes of infant and birth injuries. Some of the most common are:
Tracing the cause of the injury and tying it to medical negligence can be a difficult undertaking in many cases, which is why the assistance of a skilled birth injury lawyer is absolutely critical.
In many cases you can sue the manufacturer of the drug or another defendant in a product liability lawsuit. In a strict product liability lawsuit, you will need to prove that the drug was defective and unreasonably dangerous, and that the defect caused your baby’s injury. Although proving all of this can be a major undertaking, it can lead to quite a high recovery in cases of serious injury.
In an infant/birth injury case, the plaintiff is entitled to compensation for the following:
If your baby dies from the injury, you can have a court appoint a personal representative of the baby’s probate estate. The personal representative then files a wrongful death lawsuit in the name of the estate. Since it is obvious that a baby isn’t going to have named a personal representative of his or her estate, a court is likely to appoint a close relative to this position (the baby’s mother, for example). The personal representative must file the lawsuit within one year of the baby’s death, otherwise the claim will be forever barred. Of course, it is likely that the healthcare provider you are claiming against will be willing to settle out of court rather than lose a wrongful death lawsuit.
The court may award damages for medical bills, funeral and burial expenses, grief and sorrow, and any other amount that the court considers fair and just. Since certain expenses, such as funeral and burial expenses, will be paid by the estate, the court will award amounts for these items directly to the estate. Other components of damages, such as grief and sorrow, can be awarded directly to close relatives.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
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I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
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I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
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Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
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Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim