Articles Posted in Birth Injury

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Introduction

After a serious crash or injury, many people immediately search online for the best lawyer for an accident in Chicago. Medical bills, insurance calls, and lost income can quickly become overwhelming, and having an experienced personal injury attorney can help protect your rights and guide you through the legal process.

Chicago is a large city with many law firms, which makes choosing the right lawyer an important decision. The best accident lawyers combine experience, strong results, and a commitment to helping injured victims recover the compensation they deserve.

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Introduction

After a serious accident or injury, one of the most common questions people ask is: Who is the best personal injury lawyer in Chicago for a free consultation? When medical bills, lost income, and insurance complications start to build, having an experienced attorney can make a significant difference in protecting your rights and securing fair compensation.

Many personal injury lawyers in Chicago provide free consultations, allowing injury victims to discuss their case without paying upfront fees. During this initial consultation, an attorney can review the details of the accident, explain legal options, and determine whether you may be entitled to compensation.

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Introduction

When a loved one dies because of negligence, malpractice, or wrongful conduct, families often turn to the courts for justice through a wrongful death lawsuit. Yet one of the most common legal misunderstandings in these cases involves who actually has the authority to file the lawsuit.

Many people assume that if the decedent previously granted someone a Power of Attorney (POA), that person can continue acting on the decedent’s behalf after death—including filing a wrongful death claim. Under Illinois law, that assumption is incorrect.

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Executive Summary

Differential diagnosis is the backbone of safe and competent medical practice. It is not merely a clinical formality. It is a structured, legally significant process that requires physicians to consider, prioritize, and rule out potential causes of a patient’s symptoms. When a life threatening condition appears on a differential diagnosis, the standard of care requires that it be affirmatively ruled out within a reasonable time frame. Failure to do so may constitute medical negligence.

This white paper examines the legal and medical intersection of differential diagnosis, index of suspicion, and malpractice exposure. It explains how breakdowns in clinical reasoning lead to preventable harm and why such failures frequently form the basis of claims handled by a misdiagnosis lawyer or failure to diagnose lawyer. It also highlights the role of experienced counsel such as Goldberg & Goldberg LLC and trial attorney Ian Alexander in litigating these complex cases.

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Birth asphyxia and hypoxic ischemic encephalopathy represent two of the most serious medical conditions associated with preventable birth injury. In Cook County Illinois and throughout Chicago Illinois, these conditions continue to raise both medical and legal concerns when failures in obstetric care contribute to long term neurological damage.

This white paper examines the medical relationship between birth asphyxia and hypoxic ischemic encephalopathy, outlines risk factors and standards of care, and discusses how families in Cook County Illinois can seek accountability through experienced legal representation such as Goldberg & Goldberg, LLC. The goal is to provide a clear, evidence based framework for healthcare professionals, legal practitioners, and affected families.

Introduction

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Introduction: Protecting Your Newborn’s Rights After a Birth Injury

Bringing a child into the world is supposed to be one of life’s happiest moments, but when complications occur, especially if your newborn suffers an injury at birth, shock and uncertainty can follow. For many families, birth injuries lead to significant emotional and financial challenges. If you suspect your child has suffered an injury during delivery, knowing your next steps can make a world of difference.

As a trusted Chicago Illinois personal injury law firm, Goldberg & Goldberg has helped countless families navigate the complexities of birth injury claims. In this guide, we break down what you need to do immediately, how to protect your child’s health, and why legal support is critical.

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Understanding the Real Meaning of Trial Work

Trial work is more than standing before a jury and delivering sharp arguments—it’s the art and discipline of guiding a case from uncertainty to clarity. At its heart, trial work is a blend of preparation, persuasion, and performance. It’s the work that tests a lawyer’s instincts, judgment, composure, and command of the law.

Good trial work has always been about more than theatrics. The real craft lies in understanding how facts, people, and law interact once a case steps into a courtroom. A trial lawyer lives in that intersection, translating complexity into narratives that judges and juries can not only follow, but believe.

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For over 50 years the lawyers at Goldberg & Goldberg, LLC have represented the victims of Birth Injury and Birth Trauma caused by the hands of doctors and hospitals.  Over that period of time, we have learned a thing or two about birth injuries, how they occur, what impact they have on the victim over a lifetime and how to litigate birth injury cases.  This blog post is an effort to educate the families of the victims of birth trauma on how to proceed with a birth injury or birth trauma lawsuit.

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  1. NOT ALL LAWYERS ARE CREATED EQUAL:  This might sound snobby, and we apologize if it does, but as obvious as this statement is, most people do not know how to spot someone who has expertise in birth injury litigation and someone that doesn’t.  The internet has allowed a class of lawyers to develop that are only interested in advertising their services in order to find cases to refer to other lawyers who actually know how to handle these cases.  In the City of Chicago, there are very few lawyers that have the competency and financial resources to handle a birth injury case.  Internet lawyers advertise for birth injury cases in the hopes of referring them to a lawyer that knows what he/she is doing and getting a percentage of the fee.  These lawyers do not actually handle their own cases.  How do you avoid these lawyers?  Ask the right questions.  Ask them to show you examples of settlements and verdicts that they have obtained as lead counsel.  If it walks like a duck and quacks like a duck, it is usually a duck.  The same can be said about trial lawyers.
  2.  WHY CAN’T I DO THIS ON MY OWN?:  In almost all cases you need a lawyer to handle a birth injury case on behalf of your injured friend or loved one.  Birth Injury cases are some of the most complex and difficult cases a lawyer can handle.  The medicine is complex and the lawyers hired by the hospitals and doctors are sophisticated.  Regardless of what risk management at the hospital might tell you, if you attempt to handle a complex matter like a birth injury case on your own, you will not be treated fairly.  Hire a lawyer early to protect your rights.
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A recent study published in Pediatric Reseach documents the relationship between abnormal PCO2 and unfavorable outcomes in infants suffering from hypoxic ischemic encephalopathy.  The object of the study was to determine if hypocapnia could be correlated with adverse outcomes in infants with moderately severe to severe hypoxic ischemic encephalopathy.

The study utilized 234 instances of hypocapnia to determine if there was independent predictive value in data concerning abnormal PCO2 levels and abnormal outcomes for these children.  The studies authors determined that there is independent predictive value in the relationship between hypocapnia and adverse and unfavorable outcomes.

The authors of the study determined that future studies of normocapnia will be important in determining the extent of the relationship between abnormal PCO2 and adverse outcomes in infants with moderately severe to severe hypoxic ischemic encephalopathy.

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The Supreme Court of the United States has deferred action on a petition to hear a case involving a child who was brain injured at birth during labor and delivery at Evans Army Community Hospital in Colorado.  Critics of the Feres Doctrine hoped that the Supreme Court would use this opportunity to clarify and make fair the controversial doctrine.  The Feres Doctrine was articulated in Feres v. United States, 340 U.S. 135 (1950).  Justice Robert Jackson, writing for the court, wrote the opinion which held that the United States is not liable under the Federal Tort Claims Act for injuries that active members of the military experience due to the negligence of other active members of the military.

Isabella Ortiz was born in 2009.  Her mother was a Captain in the United States Air Force.  During the planned caesarian section delivery Capt. Ortiz was given a medication to which she had a known allergy.  As a result, her mother’s blood pressure dropped which caused Isabella to suffer hypoxic ischemic encephalopathy.   The lack of oxygen to her brain caused her to sustain brain damage.  As a result, she cannot walk on her own and needs assistance at school.

Her claim was originally filed in Federal Court in Colorado where it was dismissed because the court found that Isabella’s injuries flowed from conduct that was “incident” to military service.  The 10th Circuit Court of Appeals also denied the claim, applying the genesis test to the Feres Doctrine and ruling that Isabella’s injuries were directly related to her mother’s injuries making Feres directly applicable.

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