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Rockford C-section errors lawyerCesarean sections or “c-sections” are used as an alternative to vaginal birth. Some individuals choose to have a c-section for personal or medical reasons while others are forced to under c-section delivery due to medical complications. Doctors, surgeons, and other medical professionals must use extreme caution during a c-section. Any mistake or oversight has the potential to harm the mother or the newborn baby. Sadly, some c-section errors are fatal. If you or a loved one were the victim of a surgical mistake during a c-section, you may be able to hold the surgeon or other at-fault parties accountable through a medical malpractice claim.

Examples of Medical Negligence During a C-Section

Medical negligence occurs when a surgeon or other medical professional fails to act as a reasonably prudent medical professional in the same situation would act. If a medical professional’s negligence causes a patient to be injured or killed, that doctor may be liable for damages.

Some examples of C-section surgical errors that may constitute medical negligence include:

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Winnebago County store injury attorneyThe last thing you probably expect when you visit a grocery store, big-box store, mall, or other retailer is to be injured. Whether you were hurt because of a slip and fall accident, parking lot accident, or another type of incident, you may be left with painful injuries and expensive injury-related costs. You may wonder if you can sue the store for failing to prevent your injuries. The answer depends on the circumstances of your injury and other factors.

Bringing a Premises Liability Claim for an Injury Sustained at a Retail Store

Premises liability is the area of law that deals with the expectations of property owners. In Illinois, store owners are responsible for keeping their properties reasonably hazard-free. A store owner or property owner is not responsible for every injury that occurs on the premises, but they are responsible for injuries caused by negligence. If a store allows a dangerous condition to exist on the property, the store may be liable for injuries caused by that condition.

A store may be liable for injuries caused by:

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Winnebago personal injury lawyersIllinois law allows individuals who are hurt by another party’s negligent or illegal conduct to file a personal injury claim and seek monetary damages. The injured person may be able to collect compensation for the financial and non-financial harm caused by his or her injuries including medical bills, lost income, and pain and suffering. Hiring a personal injury lawyer is not a requirement for seeking compensation through a personal injury claim. However, successfully recovering damages through an injury claim is a very complicated and legally demanding process. An experienced personal injury attorney is an invaluable resource.  

Investigating Your Accident and Gathering Evidence

There are four basic elements in an injury claim. Proving each of these elements using persuasive arguments and evidence is key to getting the compensation you deserve. The elements include:

  • Duty
  • Breach of duty
  • Injuries
  • Damages

A skilled personal injury attorney who has secured favorable settlements and awards for previous clients will know what is needed to successfully demonstrate each of these elements. Personal injury lawyers are adept at finding evidence and using this evidence to strengthen the case against the defendant. An experienced personal injury attorney will also have access to various experts including accident reconstruction specialists and vocational rehabilitation professionals who can provide compelling testimony to further improve your case. The more evidence you have to support your claim, the more likely you are to successfully recover compensation.  

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Rockford dangerous airbag injury attorneysAirbags represent an extremely important advancement in the field of automotive safety. During an accident, the airbag deploys in less than a second to cushion the passengers and prevent them from hitting their head on the steering wheel, dashboard, or windshield. While these devices are estimated to prevent vehicle occupant death by approximately 30 percent, airbags can also cause serious injuries during a crash. If you or a loved one suffered an airbag-related injury in a car accident, you may be entitled to monetary damages.

Injuries Caused by Airbag Deployment

Airbags often prevent much more serious and even life-threatening injuries from occurring during a crash, however, these devices do not prevent injuries entirely. An airbag works by using an ignitor to fill the bag with gas such as argon or nitrogen during a crash. The chemicals contained in an airbag can cause lung problems or burns. The bag may also cause injuries including to the eyes, face, torso, and arms including abrasions, lacerations, and fractures. If you suffered injuries in a car accident because of a functioning airbag, the party responsible for the accident is likely liable for your injuries. The liable party may be another driver, the employer of the driver, a commercial business like a trucking company, or even a government entity.

Injuries Caused by Defective Airbags

Airbags do not always work as intended. The most infamous example of airbag malfunctions is a defect that caused some Takata airbags to explode or underinflate during a collision. Over 400 injuries and 26 deaths have been linked to Takata airbags installed in dozens of different makes and models of passenger vehicles. Airbag defects that can cause injuries include:

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Rockford personal injury attorneysNursing homes and other long-term care facilities should be staffed with competent, compassionate employees. The facility should be reasonably safe and sanitary. Residents’ medical and personal needs should be attended to promptly and adequately. Unfortunately, many nursing homes do not meet these expectations. Issues like understaffing or poor staff training lead to resident neglect or even intentional abuse. If your loved one is living in a nursing home, it is important to be watchful for signs of neglect or abuse.

Red Flags of Nursing Home Neglect or Abuse

Knowing if your loved one is being mistreated in a nursing home is especially difficult if your loved one suffers from physical or mental impairments that limit his or her ability to communicate with you. In cases such as these, you must look for evidence such as:

  • Unexplained injuries – Cuts, bruises, welts, or other injuries are not always signs of resident neglect or abuse. However, if your loved one has injuries that staff cannot explain or is frequently getting hurt, this may be a sign that your loved one is not being properly cared for. In some cases, injuries are even signs of intentional physical abuse.  
  • Fear of being alone with staff – Residents should see nursing home staff as loving caretakers. If your loved one is afraid to be alone with staff or flinches when staff members come near, this can be a major red flag.
  • Medication mistakes – Your loved one should be getting his or her medications on time and in the correct dosage. Do not hesitate to speak up if your loved one is not receiving his or her medications.
  • Signs of physical or chemical restraint – Physical restraining a resident through ties, lap belts, or other means is only acceptable in very limited circumstances. Medication such as antipsychotic drugs should not be used as a means of chemical restraint. Residents should only receive the medications that they actually require.
  • Odd staff behavior – If staff refuse to talk to you, rush out of the room when you walk in, or exhibit other odd behaviors, this may be a sign that they have mistreated your loved one.
  • Unsanitary conditions –If you see trash, feces, or urine, unsanitary kitchen practices, signs of insect or animal infestation, or other unsanitary conditions, this may be a sign that the facility does not take residents’ health seriously.
  • Inadequate resident hygiene – Your loved one deserves to be treated with dignity. This includes being bathed regularly and having his or her adult diaper changed when needed. Residents should not be forced to tolerate soiled clothing or bed sheets.

Contact a Winnebago County Nursing Home Neglect and Abuse Lawyer

At Mannarino & Brasfield, A Division of KJS, our Rockford nursing home injury attorneys stand up for the rights of nursing home residents and their families. If your loved one was the victim of nursing home neglect or abuse, we can help you hold the nursing home accountable and pursue financial recovery. Call 815-215-7561 for a free consultation.

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Rockford personal injury lawyersThere is no question that construction workers have an extremely dangerous job. One out of every five worker fatalities in the United States occurs in the construction industry. Non-fatal injuries including traumatic injuries and receptive motion injuries are also common. These injuries can lead to steep costs – both financial and personal.  If you were injured or a loved one was killed during construction work, you may be able to seek compensation for your losses through a personal injury claim.

Workers Compensation Versus a Personal Injury Lawsuit

Businesses with one or more employees must carry workers’ compensation insurance by law. If you or your loved one’s construction accident occurred at work, you are likely entitled to compensation through workers’ compensation. However, the compensation you get through workers’ compensation may not even come close to fully compensating you for your losses. Furthermore, workers’ compensation only covers economic damages like medical bills and part of your lost income.

A personal injury lawsuit may allow you to recover your full lost wages, the damage to your earning capacity, and non-economic damages. You may be entitled to compensation for the physical pain caused by your injuries as well as the emotional and mental suffering you experienced. If your loved one died in a construction accident, you may be compensated for:

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Rockford personal injury lawyersOur brains control everything from speaking and moving to information processing and memory. Damage caused by a traumatic brain injury can affect every aspect of a sufferer’s life. If you or a loved one suffered a traumatic brain injury in a car accident, work accident, or other incident caused by another party’s recklessness or intentional malice, you may be able to file a personal injury lawsuit. You could be compensated for the damages, or losses, that you experienced because of the injury.

Compensation for Medical Treatment in a Traumatic Brain Injury Case

Acquired traumatic brain injuries (TBIs) occur when an object punctures the skull and directly injures the brain or, more commonly, when the brain strikes the inside of the skull. About half of severe TBI sufferers require surgery and many more require hospital treatment and other medical care. Most medical interventions cannot repair the brain damage that has already occurred, but it may prevent further damage. The medical costs incurred by a severe TBI can be astronomical. A personal injury case may allow a sufferer to recover costs related to:

  • Surgery
  • X-rays, computed tomography (CT) scans, and other imaging tests
  • Blood tests
  • Speech therapy
  • Physical therapy
  • Occupational therapy
  • Vocational counseling
  • Psychological treatments
  • In-home medical care
  • Nursing care
  • Hospitalization
  • Appointments with physiatrists and other specialists  
  • Medications
  • Other medical needs

Lost Income and Missed Work  

Often, a large contributor to the financial burden created by a traumatic brain injury is the injured person’s lost income. Your TBI may have required you to miss work or the injury may have permanently reduced your ability to work. You may need to change careers, work fewer hours, or take on a less demanding workload because of the TBI. You may be able to recover compensation for your lost wages and the impairment to your earning capacity via a personal injury lawsuit.  

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Rockford birth injury attorneysEvery parent hopes for a problem-free pregnancy and birth. Sadly, this is not always the case. Doctors are trained not only to treat medical conditions, but they are also trained to recognize the risk factors for medical complications that can harm a mother or baby. Many birth injuries are caused by pre-existing medical issues. When a doctor or other medical professional fails to properly diagnose a medical problem, the mother or the baby can suffer dire consequences.

Failure to Diagnose Maternal Infection

The first step in preventing complications during a child’s birth is ensuring that the mother receives proper healthcare during pregnancy. Diagnostic errors during a mother’s pregnancy, labor, or delivery can lead to birth injuries and even fetal death. Failure to diagnose maternal infections is an especially dangerous mistake. Rubella, hepatitis B, syphilis, chickenpox, and toxoplasmosis can cause serious or even deadly injuries to an unborn child. A mother with an undiagnosed infection may give birth to a child who suffers hearing and vision problems, intellectual disabilities, and other problems for the rest of his or her life. Sadly, many infants who suffer birth injuries due to undiagnosed maternal infections do not survive. Early detection is often key to preventing severe complications from infections. Many maternal infections can be mitigated through vaccines, antibiotic medications, and other medical interventions.

Failure to Diagnose Risk Factors Such as Preeclampsia

There are known risk factors that greatly increase the chances of complications during a child’s birth. Doctors who are aware of these risk factors can take the appropriate medical actions to prevent or reduce the harm caused by these risk factors. Preeclampsia, or abnormally high blood pressure and urine proteins, occurs in about eight percent of pregnancies. Preeclampsia can cause placental abruption, placental insufficiency, hypoxic-ischemic encephalopathy, and other serious complications during birth. In many cases, a mother suffering from preeclampsia will need an emergency C-section. When doctors neglect to properly monitor a mother or a fetus before and during birth they are not prepared for the complications that may arise. This can lead to delayed treatment and other forms of medical negligence.

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Rockford truck accident lawyersCommercial trucks often measure up to 70 feet in length. Consequently, truck drivers must rely on mirrors and assistive technology like back-up sensors to see around the vehicle. Even with this equipment, it is hard for truck drivers to see vehicles or other objects in the truck’s “blind spots.” Blind spot truck accidents often lead to severe injuries and costly property damage. A personal injury claim may allow an injured person to recover compensation for these damages. However, determining liability for a blind spot truck accident is often a difficult task.  

Understanding Blind Spot Accidents

Truck blind spots are areas around the truck that the driver cannot see. If a car, motorcycle, pedestrian, or cyclist is in the truck’s blind spot, the driver may not even know that the person or vehicle is there. This can have disastrous consequences. Most driver education programs include information about truck blind spots or “no zones” and instruct drivers to stay out of truck’s blind spots if possible. Truck blind spots typically include the areas:

  • Directly in front of the truck
  • From the back of the truck to about 30 feet behind the truck
  • Behind the driver’s side window to approximately the middle of the trailer
  • On the passenger side of the truck including the two lanes to the right of the truck

Blind Spot Truck Accidents Often Involve Shared Fault

While it is hard for drivers to see objects in their blind spots, a truck driver is not automatically cleared of fault for an accident just because the other vehicle was in the blind spot. Truck drivers are expected to pay close attention to their surroundings, check mirrors before turning or changing lanes, and make adequate use of rear cameras, back-up sensors, and other technology.

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Rockford dog bite injury attorneysDogs can be lovable companions. However, they are still animals with sharp teeth and powerful jaws. Almost five million people are bitten by dogs every year in the United States. Dog bites can cause nerve damage, broken bones, infections, and other serious injuries. Non-bite injuries, such as traumatic brain injuries caused by being knocked to the ground by a dog, can also be severe. If you or a loved one were injured by a dog, you may be able to hold the negligent dog owner accountable and recover compensation through a personal injury claim.

Dog Bite Injuries Can Lead to Terrible Mental and Physical Scars

Being the victim of a dog attack is an extremely traumatic experience to go through. A dog bite victim may suffer severe tissue damage that requires significant medical treatment. Many dog bite victims sustain injuries to their face, which can leave them disfigured for months or years after the attack. A dog bite victim may require emergency room treatment, x-rays, and reconstructive surgery, psychological treatment, and other expensive medical care. These medical costs may be recoverable through a personal injury claim.

Illinois Dog Bite Laws

Dog owners should keep their pets on a leash or contained within their property. If a dog bites someone who is on public property or lawfully on private property, the dog’s owner may be liable for damages. In some states, a dog owner is only liable for dog attack injuries if the dog owner knew or should have known that the dog was dangerous. However, Illinois imposes strict liability on dog owners for dog attack injuries.

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Rockford personal injury attorneysWinter weather is in full force in the Rockford area, and icy roads and deep snow can make driving a treacherous task. “Pile-ups” or car accidents involving multiple vehicles are not uncommon during this time of year. These accidents cannot only lead to painful and often deadly injuries, they also present complex legal and financial issues. If you or a loved one were involved in a multi-car accident, you may have concerns about liability and damages. Will you be expected to pay for other motorists’ damages? Will you be compensated for your own damages? Read on to learn more about the unique issues involved in multiple-vehicle accidents.

Establishing Fault for a Multiple-Car Collision

Accidents involving three or more vehicles can cause severe and deadly injuries as well as costly property damage. Before a car accident victim can recover financial compensation for their damages, the liable party must be established. The greater number of factors that contributed to an accident, the harder it is to establish fault. A multiple car accident may involve situations such as:

  • A vehicle rear-ends another vehicle and causes it to collide with a third vehicle.  
  • Two vehicles collide and one of the vehicles is pushed into oncoming traffic where a secondary collision occurs.
  • Drivers swerve to avoid stopped vehicles on the road, fallen truck cargo, or other obstacles and cause an accident.
  • Establishing fault in accidents such as these is much harder than establishing fault in accidents involving only two motorists. Fault for a multi-car pile up may lie with one or more drivers, a commercial company such as a trucking company, or even a government entity such as a city or state.

Shared Liability in Pile-up Accidents

In many multiple-vehicle accidents, there is more than one liable party. Illinois follows a legal doctrine called “modified comparative negligence” in car accident injury cases involving shared liability. If a party is found to be more than 50 percent at fault for an accident, that party is prohibited from recovering compensation for damages. If the party is less than 50 percent responsible for the accident, the amount of compensation he or she may be entitled to is reduced by his or her portion of fault.

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Rockford birth injury lawyersAs any soon-to-be parent can tell you, expecting a new baby is exciting as well as nerve-racking. Every parent hopes that pregnancy, labor, and delivery will go smoothly and that their baby will be born happy and healthy. Unfortunately, some babies suffer birth injuries that cause medical complications for weeks, months, or even years after the child’s birth. Some birth injuries result in permanent impairment or, sadly, infant death. One problem that can cause a range of different birth injuries is the misuse of assistive tools like vacuum extractors.

Vacuum-Assisted Delivery Carries Certain Risks

If labor is not progressing typically or there is an urgent need for a baby to be delivered, a doctor may use an assistive device to help guide the child through the birth canal. During vacuum extraction, a suction cup is placed on the infant’s head and used to gently pull the baby out of the mother’s body. This procedure may be life saving for some infants, but vacuum extraction is not without risks. Mothers may face genital tract tears and incontinence while an infant who was delivered by vacuum extraction may suffer from head wounds, skull fracture, or internal bleeding. Vacuum extraction is also associated with a higher risk of shoulder dystocia, a potentially life-threatening condition in which the baby’s shoulder becomes lodged on the mother’s pelvis. A doctor should only use vacuum extraction if it is necessary to protect the health of the mother or the baby.

Birth Injuries that May Be Caused by Vacuum Extraction

There are several types of birth injuries that may be caused by vacuum extraction. Using too much pressure on the baby’s head or incorrectly positioning the device can lead to preventable injuries. Birth injuries that may be the result of improper use of vacuum extraction include:

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Winnebago County truck accident lawyersBeing involved in a serious truck accident can leave an individual injured, in pain, and with a massive financial burden. If you were injured in a truck accident or your loved one was killed in a fatal truck crash, you may be able to hold the at-fault party accountable for the damages incurred by your truck accident through a personal injury claim. However, to do so, you will need to prove that the actions taken by the truck driver, trucking company, or other negligent party caused your injuries. There are many different types of evidence that a personal injury attorney may use to prove the elements needed to secure compensation for you.

Event Data Recorders

Many modern vehicles, including most commercial trucks, are equipped with technology that records vehicle information. An event data recorder (EDR) or accident data recorder is similar to the “black box” of an airplane. The majority of commercial trucks have such a device. EDRs record information about how and where a vehicle was driven. Information about speed, acceleration, braking, steering, and more may be gathered from an EDR. This data can be extremely useful in a truck accident claim. However, many EDRs only store vehicle information for a certain period of time. Gathering this data before it is deleted or recorded over is crucial.

Dash Cameras and Red-Light Cameras

More and more drivers are installing dash cameras on their vehicles. If you or the other drivers involved in the truck accident have a dash camera, this footage may be a valuable source of information about the circumstances of the accident. Even if the vehicles directly involved in the accident are not equipped with dash cameras, it is possible that eyewitnesses to the accident may have captured part of the accident on their dash cameras. Red-light cameras are another potential source of information about the accident. However, obtaining camera footage and other types of evidence is often difficult – especially if the evidence vindicates your claim. Your attorney may use a “subpoena duces tecum” or other strategies in order to compel parties to surrender evidence in your truck accident claim.

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Rockford personal injury attorneysIf you or a loved one were recently injured in a slip and fall or trip and fall accident, you may wonder what legal remedies you have at your disposal. A slip and fall injury claim may help you recover financial compensation for medical bills, lost wages from missed work, and other damages. However, a successful personal injury claim is only possible if certain elements are present. To know whether or not you have a valid injury claim and may be entitled to compensation, you must consider the circumstances of the accident, and whether a party’s negligence contributed to the fall accident.

Property Owners Have a Legal Obligation to Maintain a Safe Premises

According to Illinois premises liability laws, property owners or occupiers must keep their properties reasonably safe for individuals who are lawfully visiting the property. This responsibility extends to the owners of properties such as:

  • Grocery stores
  • Shopping malls
  • Parking lots
  • Bars and nightclubs
  • Restaurants
  • Apartment buildings
  • Residential properties

Property owners who allow an unsafe condition to exist on the property and do not warn people about the hazardous condition may be liable for any injuries caused by the unsafe condition. The property owner or occupier may be required to compensate the injured person for his or her damages.

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Rockford personal injury attorneysMost people would agree that traffic can be a major source of frustration and anger. However, part of being a good driver is not letting negative emotions lead to unsafe driving. “Road rage” can lead to severe or even deadly car accidents. If you or a loved one were injured in a car accident caused by road rage, you may be entitled to financial compensation for your damages.

Some Sources Say Road Rage is on the Rise

“Road rage” or intense anger behind the wheel can be caused by countless situations. Being tailgated, driving behind someone traveling well below the speed limit, running late, and many other factors can increase a person’s frustration and cause them to experience road rage. Some instances of road rage turn into physical altercations. Other times, an angry driver may intentionally drive in a dangerous manner or even try to run another driver off the road. One study from the National Highway Traffic Safety Administration found that aggressive driving increased by a factor of 500 percent within a single decade. Other studies have showed that a significant percentage of drivers admit to dangerous behaviors such as intentionally tailgating other vehicles.

Seeking Damages Though a Personal Injury Claim

If another driver’s unsafe driving has led to an accident in which you or a loved one were harmed, you may be curious about your legal options. One option is to pursue financial compensation through a personal injury claim. Bringing a claim against the at-fault driver may enable you to recover compensation for your damages or costs. 

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Winnebago County medical malpractice lawyersGoing to the emergency room is rarely a pleasant experience. A person may go to the ER because they are having chest pain and are worried that the pain is the first sign of a heart attack. They may also visit the ER after having a severe allergic reaction. Abdominal pain, broken bones, lacerations, migraine headaches, fevers, and other medical concerns may also lead someone to visit the emergency room. Unfortunately, some ER patients go to the facility seeking answers and relief but end up being victims of harmful medical mistakes.

Emergency Room Errors Can Lead to Preventable Suffering and Death

Emergency room doctors, nurses, and other staff have the important task of evaluating patients’ symptoms and determining the necessary course of action. When an ER worker makes a mistake that leads to a patient’s injury or death, the medical worker or the medical facility may be liable for damages. Often, emergency room malpractice claims arise because of delayed diagnosis or misdiagnosis. Consider the following example: A patient visits the emergency room because he or she is having severe abdominal pain. Staff assure him that his symptoms are caused by a simple case of indigestion when in actuality, the patient is suffering from appendicitis. The patient goes home and suffers a ruptured appendix. In a situation such as this, the emergency room staff’s failure to accurately diagnose appendicitis may lead to an emergency room malpractice claim.

Other examples of emergency room errors that could lead to medical malpractice claims include:

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Rockford personal injury attorneysWhen we think about restaurants, bars, and nightclubs, we typically envision friends getting together to have a few drinks, eat a meal, dance, and enjoy themselves. Unfortunately, sometimes a night out turns into a nightmare. If you or a loved one was the victim of assault or battery at a bar, nightclub, or other commercial establishment, you may have questions about liability. Even if the police were called and the person who attacked you is facing criminal charges, you may still be left with serious expenses related to your injuries. In some cases, the establishment in which someone was physically attacked is liable for the costs suffered by the victim. However, bars and other establishments are only liable for injuries from an attack in certain situations.

Physical Attacks Can Lead to Considerable Damages

Whether you were injured in a fight or you were simply a bystander who was injured while other people were fighting, injuries from a bar fight can be severe. You may have sustained deep lacerations, broken bones, traumatic brain injury, or other injuries that required emergency medical care. Now you are left with medical bills and other financial concerns. You may be unable to work and earn an income while your injuries are healing. In situations such as these, a premises liability claim against the establishment may allow you to recover financial compensation.

Commercial Establishments Have a Legal Duty to Customers

Premises liability laws deal with the legal responsibilities that property owners have to the individuals who lawfully visit their properties. Commercial property owners and occupiers have a legal duty of care to their customers to keep the premises reasonably safe. Of course, understanding what constitutes “reasonably safe” can be quite difficult. Typically, a bar or other commercial property is legally responsible for injuries sustained by a customer when the establishment knew or should have known about a dangerous situation and did not take steps to protect customers from the foreseeable danger. For example, if patrons are routinely injured in fights caused by the bartenders overserving alcoholic drinks, it could be argued that the establishment should have taken steps to prevent future fights from occurring. The establishment may also be liable if it broke state or local laws and this unlawful conduct led to your injuries.

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Rockford medical malpractice lawyersHave you ever stopped to consider how often you use your arms? Most people use their arms to drive, eat, work, clean, and perform countless other tasks. When an injury causes someone to experience reduced functioning in one or both arms, this can have a major impact on his or her life. Erb’s palsy is a condition typically caused by difficulties during a child’s birth that results in partial or complete paralysis of the arm. Sometimes, surgery and other medical interventions can remedy the paralysis and loss of sensation. In other cases, an infant who suffers from Erb’s palsy is left with impaired functioning and disfigurement for the rest of his or her life.

How Does Erb’s Palsy Occur?

Erb’s palsy is typically caused by damage to a network of nerves in the neck and shoulders called the brachial plexus. In the majority of cases, the nerve damage is caused by a complication during birth called shoulder dystocia. When an infant suffers shoulder dystocia, one or both of the infant’s shoulder’s become stuck in the birth canal. There are four main categories of Erb’s palsy:

  • Neuropraxia: Neuropraxia occurs when the infant’s nerves are unnaturally pulled or stretched. The nerve damage does not typically cause long-term complications and may heal in as little as three months.
  • Neuroma: When the nerves are stretched so far that nerve fibers break, this damage may not be able to heal on its own.
  • Rupture: Extreme tension on the nerves can cause them to be torn in half. Nerve damage such as this typically requires surgery and can lead to severe impairment.
  • Avulsions: When the nerve is torn completely away from the spinal cord, the infant could suffer from difficulty breathing and long-term paralysis of several parts of the body.   

When is a Doctor Liable for an Infant Suffering from Erb’s Palsy?

If your baby suffers from Erb’s palsy, you may wonder if the birth injury could have been prevented. You may suspect that some type of medical mistake during the birth process is to blame for your child’s injury. Erb’s palsy can happen for a number of different reasons. Sometimes, failure to account for risk factors such as maternal obesity or diabetes, misuse of assistive tools like forceps or a vacuum, and other forms of medical negligence are the root cause of Erb’s palsy.

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Rockland personal injury attorneysWhile the basic concepts of personal injury law are generally the same, the details vary from state to state. However, these variances can make a significant impact on an injured person’s potential recovery. The amount of compensation you may receive through a personal injury lawsuit can be affected by many different factors, including the injured person’s own negligence at the time of their injury. If a plaintiff is partially at fault for the accident that caused their injuries in Illinois, the legal doctrine of comparative fault will apply.

Comparative Negligence for Accidents Caused by Shared Fault

Blame for any type of accident is rarely black and white. A car accident may occur because of a combination of factors. Weather conditions, road conditions, the speed at which the vehicles were traveling, distracted driving, and many other issues may affect the severity of an accident victim’s injuries. Illinois follows a legal doctrine called modified comparative negligence in personal injury claims involving shared fault. An injured person who is partially at fault for his or her own injuries may still be entitled to damages as long as he or she is not more at fault than the defendant. If an injured plaintiff is 50 percent or less at fault, he or she may still be able to recover damages. However, the amount of compensation he or she may recover is reduced by his or her percentage of fault. For example, a plaintiff who is found to be 10 percent at fault for an accident which causes $100,000 in damages may be able to recover $90,000.

Comparative negligence or comparative fault does not only apply to car accident cases. It may also influence other types of personal injury cases. For example, in a slip and fall accident claim, an injured person may act in a way that increased the chances of being hurt in a slip and fall accident. For example, if the injured person was looking down at their cell phone at the time of the slip and fall accident, the defense may argue that the plaintiff’s injuries would not have been as severe if he or she was paying closer attention.

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Rockford medical malpractice lawyersThe birth of a child can bring on a range of intense emotions. On one hand, anticipating the arrival of a new child is exciting and joyous. On the other hand, thinking about the sheer number of things that could potentially go wrong during labor and delivery can be terrifying. If you or a family member recently gave birth and the baby suffered a birth injury caused by shoulder dystocia, you may be left with several questions. Is shoulder dystocia preventable? Was my child’s birth injury caused by a medical mistake? Do I have a medical malpractice claim? The answers to these questions depend on your unique circumstances, however, there are situations in which shoulder dystocia is the result of medical malpractice.

What Causes Shoulder Dystocia?

Shoulder dystocia occurs during vaginal delivery when the baby is lodged against the mother’s pelvis. Carrying twins or multiples, macrosomia, maternal diabetes, medications used to induce labor, and the use of assistive tools such as forceps or vacuum extractors may increase the chances of shoulder dystocia. One or both of the baby’s shoulders may pin the baby inside the birth canal and prevent the baby from being delivered normally. Often, doctors can adjust the baby’s position and guide him or her though the birth canal unharmed. However, shoulder dystocia can also lead to serious birth injuries or even fetal death. Postpartum hemorrhage, uterine rupture, damage to the baby’s brachial plexus nerves, fractures, and asphyxia may all be caused by shoulder dystocia. A baby who experiences shoulder dystocia may even develop cerebral palsy, Erb’s palsy, Klumpke’s palsy, or other medical conditions that result in lifelong disabilities.

When is a Physician Responsible for Birth Injured Caused by Shoulder Dystocia?

If your baby suffered a birth injury because of shoulder dystocia, you may question if the injures could have been prevented or mitigated by higher quality medical care. The standard used to determine if a birth injury is the result of negligent medical care is the “medical standard of care.” This refers to the type of care that a reasonably proficient medical professional of the same training and expertise would have provided in similar circumstances.

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