If you or a loved one has been affected by placental abruption, a complex and devastating condition that can lead to severe outcomes for both the mother and baby, it’s crucial to understand your legal rights.
A Chicago placental abruption lawyer can provide indispensable guidance and support through these challenging times. Keep reading to learn more about this condition and your options for legal recourse.
Can You Sue for Placental Abruption?
You may have grounds to sue for placental abruption if it can be proven that medical malpractice occurred. Each birth injury case is unique and requires a thorough legal analysis by qualified personal injury attorneys experienced in birth injury claims.
Proving Medical Negligence for a Placental Abruption Birth Injury Lawsuit
To successfully prove medical malpractice in a placental abruption lawsuit, you’ll typically need to establish four key legal elements:
- Duty of care: Show that the healthcare provider owed a duty of care to you and your baby. This is essentially automatic as soon as you enter into a doctor-patient relationship.
- Breach of duty: Prove that the healthcare provider breached this duty by acting or failing to act in ways that are considered acceptable by current medical standards – for example, not monitoring high blood pressure appropriately or ignoring warning signs of distress like heavy vaginal bleeding.
- Causation: You must link the breach directly with your injury. That means proving that their specific actions (or lack thereof) failed to prevent placental abruption and led directly to adverse outcomes.
- Damages: Finally, evidence of actual damages must be provided. This typically involves showing physical harm to the mother or child, financial losses like additional medical bills, and often non-economic losses such as emotional distress or pain and suffering.
Establishing Liability for Placental Abruption Cases
Establishing liability in placental abruption cases is intricate, as multiple parties may bear responsibility for the resulting birth injuries depending on the circumstances. Our Chicago medical malpractice attorneys can help you prove one or more of the following parties are liable for your case.
Healthcare Providers
Healthcare providers, including doctors and nurses who did not properly monitor or address risk factors for placental abruption, can be held liable.
Hospitals
Hospitals might also be held liable if their systemic practices contribute to the occurrence of a placental abruption. This could be due to inadequate protocols, insufficient staff training or supervision, or failure to appropriately maintain equipment necessary for detecting and managing obstetric complications.
Pharmaceutical Companies
On occasion, medications prescribed during pregnancy may contribute to a higher risk of placental issues. Should pharmaceutical companies not adequately disclose risks or if they produce drugs that are ultimately unsafe for a pregnant mother without providing clear warnings, they might be liable.
Product Manufacturers
Manufacturers of medical devices used during pregnancy can sometimes be held liable if their products are defective. For example, defective fetal monitors or ultrasound equipment prevent medical professionals from discerning symptoms of placental abruption and, therefore, from diagnosing it.
Damages You Can Recover in a Placental Abruption Birth Injury Lawsuit
In a placental abruption birth injury lawsuit, the recoverable types of damages typically include:
- Medical Bills
- Lost Wages
- Pain and Suffering
- Long-Term Life Care Costs
- Loss of Consortium
Wrongful Death
Should placental abruption lead to the death of the mother or child, surviving family members may be entitled to file a wrongful death claim.
Our Chicago wrongful death attorneys can help recover compensation for funeral and burial expenses, loss of the loved one’s future earnings and benefits, as well as compensation for non-economic damages such as loss of love, affection, companionship, and guidance.
Why You Need a Placental Abruption Birth Injury Lawyer
Navigating the aftermath of a traumatic birth injury such as placental abruption can be emotionally and logistically overwhelming. You need comprehensive legal support to ensure your rights are protected and that you receive fair compensation for the birth injuries sustained.
Here’s how our Chicago birth injury attorneys can help you:
Evidence Collection
We understand the importance of thorough evidence collection in building a strong case. We look into medical records and seek out any additional information that may substantiate your claim.
Consulting Experts
Our access to leading medical professionals ensures that complex medical issues are explained clearly and concisely. These specialists play a pivotal role in establishing the standard of care required and explaining how it was breached.
Calculating Compensation
Determining appropriate compensation goes beyond looking at basic costs incurred; it must also include future needs including long-term care or therapy, lost earning capacity, and compensation for pain and suffering. We calculate the total impact of the birth injuries to ensure you are fully compensated.
Negotiating with Insurance Companies
Insurance companies are known to do whatever it takes to minimize payouts. Our experienced team is skilled in handling insurance adjusters effectively, ensuring your best interests remain at the forefront during negotiations.
Trial Representation If Needed
While many birth injury cases settle out of court, we prepare every case as if it will go to trial. This readiness signals to all parties involved that we are serious about obtaining a fair outcome and ensures you have strong representation if litigation becomes necessary.
There’s Limited Time to File a Placental Abruption Birth Injury Claim
In Illinois, statutes of limitations define the time frame within which you must file a birth injury lawsuit.
For most personal injury claims, including those related to medical malpractice such as placental abruption injuries, you generally have two years from the date of discovering the injury to file a lawsuit. However, no action can be brought more than four years after the date on which occurred.
When it comes to cases involving minors, a claim can be filed up to 8 years after placental abruption occurs.
Contact an Experienced Placental Abruption Lawyer Today!
Facing the emotional and physical challenges after a traumatic birthing experience can be extremely overwhelming, but you don’t have to go through it alone.
To navigate this difficult time and explore your legal options, Rosenfeld Injury Lawyers offers experienced representation on a contingency fee basis—meaning you only pay us if we win your case.
Contact us today to schedule a free consultation. Call us at (888) 424-5757 or reach out online.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Chicago, Elgin, Naperville, Springfield  and throughout Illinois.