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Birth Injuries in Berwyn

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

At Carlson Bier, our birth injury attorneys bring a deep sense of commitment and dedication to resolving complex birth injuries matters. Medical complications endured by the newborn can be intimidating but we strive tirelessly to secure justice for our clients in Berwyn, without making any assumptions regarding location. Our firm’s mission is protecting your rights while delivering high-quality legal advice on subjects related to birth injuries. We offer years of experience delving into the intricacies involved with physical damages a child might endure at or near childbirth due to medical oversight. From navigating potential negligence leading up to delivery, through significant understanding of Illinois law that informs sound strategies for your cause; trust that no case goes unattended under this sphere of practice at Carlson Bier. Choosing us assures comprehensive support and guidance during these bewildering times when you need it most – working toward securing fair compensation commensurate with hardship experienced because life should not begin unjustly impaired.

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About Carlson Bier

Birth Injuries Lawyers in Berwyn Illinois

At Carlson Bier, our dedication to expert legal counsel and unwavering commitment to clients resounds in our work representing victims of birth injuries. Based in Illinois, we are a team of trusted personal injury attorneys specializing in navigating complex medical malpractice cases.

Birth injuries result from complications that transpire during labor or delivery, often leading to cognitive impairments, motor skill difficulties or other developmental issues for the child. The emotional strain and financial burden these situations impose on families can be daunting. This is where we step up to provide comprehensive legal support grounded in years of experience.

There are various forms of birth injuries. These may include:

– Brachial Plexus Injuries: damaging the network of nerves managing movement and sensations within the arms and hands.

– Cerebral Palsy: a disorder affecting balance, movement and muscle tone due to brain damage before childbirth.

– Hypoxic Ischemic Encephalopathy (HIE): newborn brain injury resulting from oxygen deprivation around childbirth.

– Skull fractures or intracranial hemorrhages: brought about by traumatic force exerted over the infant’s head during delivery.

Crucially, not all birth injuries stem from natural complications – some emerge as outcomes of negligence during pregnancy management or childbirth procedures. Medical professionals bear an ethical responsibility toward their patients which extends to minimizing danger during childbirth.

A doctor might potentially fail this duty through missed diagnoses, improper equipment usage or neglecting safety techniques pivotal in preventing harm to both mother and child. If a child sustains any form of preventable damage linked with health provider negligence under such circumstances, it fundamentally merits pursuit as medical malpractice.

Those appointed as your representatives at Carlon Bier assume full investigative functions into suspected medical negligence claims prompting unnecessary distress for you and your kin. Our extensive network facilitates consultation with top-tier physicians who provide expert testimony backing assertions against healthcare providers at fault for harmful actions against patients.

Receiving compensation through successful legal proceedings can assist in supporting care and treatment needs for afflicted children. This might account for medical expenses, necessary equipment, adaptive devices or accommodations essential to managing physical deficits following birth injury.

We prioritize making the pursuit of justice as simple and stress-free as possible; guiding you at every step while handling all documentation, negotiation engagements and appearance before courts on your behalf. Winning rightful compensation allows our clients space to focus their energy on their child’s recovery.

An expert personal injury attorney from Carlson Bier takes into consideration not merely the extent of an injury but also its prolonged impact over a lifetime – thus ensuring the highest potential compensation amount legally obtainable is demanded.

At this juncture, it’s crucial to remember that time is of utmost importance when lodging malpractice claims in Illinois – per Statute of Limitations regulations- all such cases must commence within two years of identifying an injury or negligence action causing it; hence postponing legal consultation could be detrimental to claim chances.

One might contend with the question: Does my situation necessitate legal representation? In essence – if professional medical intervention during pregnancy or childbirth has resulted in harm extending beyond standard expectations – a consultation with us at Carlson Bier becomes essential. We provide free case evaluations to make this process accessible without financial risk impending on those already carrying other burdens.

In searching out tenacious, empathetic advocacy in navigating birth injuries linked with medical malpractice – consider building your champion team with us at Carlson Bier. By capitalizing on our expertise today – tomorrow could offer newfound hope capable of transforming your family’s life prospects significantly.

Your journey towards reclaiming justice begins today… Click the button below now to find out how much your case may be worth!

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Birth Injuries FAQ

The most common birth injuries include:

  • Cerebral palsy: This is a group of disorders that affect movement and coordination.
  • Erb’s palsy: This is a nerve injury that can cause weakness or paralysis in the arm and hand.
  • Brachial plexus palsy: This is a group of nerve injuries that can cause weakness or paralysis in the arm, shoulder, and hand.
  • Spinal cord injuries: These injuries can cause paralysis or weakness below the waist.
  • Traumatic brain injuries: These injuries can cause a variety of physical, cognitive, and emotional problems.

Birth injuries can be caused by a variety of factors, including:

  • Medical malpractice: This can include mistakes made by doctors during pregnancy, labor, or delivery.
  • Oxygen deprivation: This can occur if the baby does not get enough oxygen during pregnancy or labor.
  • Physical trauma: This can occur if the baby is injured during labor or delivery.
  • Birth defects: Some birth injuries are caused by birth defects.

The signs and symptoms of a birth injury can vary depending on the severity of the injury. However, some common signs and symptoms include:

  • Weakness or paralysis: This may be in one or more limbs.
  • Seizures
  • Breathing problems
  • Feeding problems
  • Developmental delays
  • Learning disabilities

The treatment options for birth injuries will vary depending on the severity of the injury. However, some common treatment options include:

  • Surgery
  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Medications
  • Supportive care

Yes, you may be able to file a lawsuit if your child was injured due to medical malpractice or another factor. A birth injury lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in Berwyn

Areas of Practice in Berwyn

Two-Wheeler Accidents

Expert in legal support for victims injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Fire Injuries

Supplying skilled legal advice for patients of major burn injuries caused by occurrences or carelessness.

Healthcare Misconduct

Delivering dedicated legal advice for clients affected by medical malpractice, including medication mistakes.

Merchandise Accountability

Managing cases involving problematic products, delivering expert legal services to consumers affected by harmful products.

Aged Neglect

Defending the rights of elders who have been subjected to misconduct in aged care environments, ensuring fairness.

Trip and Tumble Occurrences

Adept in addressing slip and fall accident cases, providing legal services to clients seeking compensation for their injuries.

Newborn Wounds

Providing legal guidance for households affected by medical negligence resulting in infant injuries.

Motor Crashes

Crashes: Committed to helping victims of car accidents secure fair remuneration for hurts and damages.

Bike Mishaps

Dedicated to providing representation for individuals involved in bike accidents, ensuring rightful claims for losses.

Big Rig Collision

Delivering expert legal support for individuals involved in big rig accidents, focusing on securing appropriate claims for damages.

Building Site Mishaps

Committed to advocating for workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Head Impairments

Committed to delivering specialized legal assistance for victims suffering from neurological injuries due to misconduct.

Dog Bite Harms

Expertise in dealing with cases for individuals who have suffered traumas from puppy bites or animal attacks.

Jogger Crashes

Committed to legal assistance for pedestrians involved in accidents, providing dedicated assistance for recovering claims.

Unjust Passing

Standing up for bereaved affected by a wrongful death, extending empathetic and adept legal support to ensure justice.

Neural Injury

Expert in defending patients with vertebral damage, offering dedicated legal assistance to secure settlement.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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