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Birth Injuries in Gary

Birth Injuries Trial Lawyers
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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When facing a birth injury case in Gary, turn to Carlson Bier for expert legal assistance. Our experienced attorneys are committed to ensuring your child’s rights are upheld and fair compensation is obtained, expressing our unwavering dedication towards every case we handle. As prominent specialists in Birth Injuries Law, the Carlson Bier team has astoundingly significant knowledge of the complex medical and legal issues involved. We confidently navigate even the most intricate cases backed by decades of successful litigation experience within Illinois’ courts system. Our priority lies within offering compassion combined with unparalleled professionalism and legal acumen that you require during this challenging period on your journey towards justice. Trusting us means turning a potentially distressing situation into an opportunity for healing and closure – allowing families to focus on their child’s recovery as we fight fiercely for fairness on their behalf. Choose Carlson Bier – because settling for less than you deserve is not an option when it comes to safeguarding your family’s future.

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About Carlson Bier

Birth Injuries Lawyers in Gary Illinois

Navigating the complex, emotion-driven pathway of birth injuries can be a challenging journey for parents. As an empathetic partner in your pursuit of justice, Carlson Bier stands strongly by your side as seasoned Personal Injury Attorneys located in Illinois. We bring years of expert legal advocacy and passion for upholding patients’ rights to ensure you receive fair compensation and peace of mind.

Birth injuries encompass a wide range of conditions that may occur before, during, or after delivery. Comprehending these maladies is crucial to understanding the context and scope of your potential case. Common birth injuries may include Cerebral Palsy, Erb’s Palsy, Hypoxic-Ischemic Encephalopathy (HIE), brain injuries caused by vacuum extraction or forceps use during childbirth, infant seizures following childbirth, and failure to perform a Cesarean section in high-risk situations among others.

Consider the below guideposts while attempting to understand key facets surrounding birth injuries:

• A clear distinction between Birth Defects and Birth Injuries: While both are misfortunate outcomes affecting newborn health significantly, they have different origins. Birth defects usually stem from inherited genetics or environmental factors during pregnancy but birth injuries are often linked directly with medical negligence or incompetence during childbirth.

• Establishing Liability: Figuring out who bears responsibility – doctors? nurses? hospital facility? pharmacists?– is integral when building your case’s foundation.

• Chance Vs Negligence: Not all tragic outcomes infer healthcare provider negligence; sometimes unpreventable complications arise despite taking best care practices. However, direct links between negligent behavior – such as improper use of birthing tools – leading to child impairment can potentially establish the cause for a lawsuit.

A pivotal aspect in this tedious process relies on correctly identifying signs of professional negligence resulting in undue harm. Recognizing possible indicators such as undue delay in performing Caesarean section surgeries despite apparent distress signals from mother-child duo; excessive reliance or erroneous use of vacuum and forceps during delivery process; inadequate monitoring of fetal heart rate leading to undetected distress signals could aid in building a robust legal case.

At Carlson Bier, we respect the inherent sensitive nature tied with birth injury cases. We’re fully committed to working tirelessly for our clients; our team boasts extensive experience coupled with acute sensitivity required delicately handling such profound plea situations. To alleviate your burden, we diligently take over all stages entailing claim filing: right from investigating malpractice incidences culminating into injuries, collecting relevant data supporting charge claims, liaising with medical professionals for opinion fortification till finally negotiating settlement terms favoring our client’s best interest.

With us at your behest, you can trust for receiving strong representation aiming to secure adequately compensatory damages covering extensive medical care expenses accompanying any birth infliction – therapeutic interventions for long-term physical therapy/rehabilitation treatment; financial cushion towards loss of future earning potential due to residual disability etc. essentially empowering your family lead a fair quality life in face adversity.

While it’s daunting facing birth injury aftermath circumstances alone, remember: You Don’t Have To! As personal injury lawyers operating out of Illinois, every day we advocate passionately for victims’ right wronged by professional negligence acts. At Carlson Bier, we stand with you echoing as your voice loudly across courtrooms demanding justice be served.

It’s crucial understanding the projected outcome regarding potential lawsuits at hand while dealing with undue emotional turmoil caused by newborn-related complications stemming from medical negligences and oversights. We strongly encourage you to reach out to us in this demanding time – Click on the button below to find out how much is potentially estimated worth confined within facts surrounding your case.

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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 Gary

Areas of Practice in Gary

Bike Collisions

Focused on legal assistance for clients injured in bicycle accidents due to responsible parties' recklessness or perilous conditions.

Flame Burns

Providing specialist legal support for individuals of serious burn injuries caused by accidents or recklessness.

Physician Malpractice

Providing dedicated legal assistance for patients affected by hospital malpractice, including medication mistakes.

Merchandise Obligation

Handling cases involving dangerous products, offering skilled legal help to consumers affected by harmful products.

Elder Mistreatment

Representing the rights of seniors who have been subjected to abuse in nursing homes environments, ensuring restitution.

Fall and Trip Occurrences

Professional in handling fall and trip accident cases, providing legal services to victims seeking restitution for their damages.

Infant Harms

Delivering legal support for families affected by medical misconduct resulting in infant injuries.

Automobile Mishaps

Crashes: Concentrated on assisting patients of car accidents secure equitable recompense for injuries and damages.

Bike Collisions

Focused on providing legal assistance for motorcyclists involved in bike accidents, ensuring rightful claims for losses.

18-Wheeler Mishap

Ensuring experienced legal services for clients involved in semi accidents, focusing on securing just compensation for losses.

Building Mishaps

Focused on supporting staff or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Head Damages

Committed to delivering specialized legal services for victims suffering from head injuries due to negligence.

Dog Bite Traumas

Expertise in handling cases for persons who have suffered harms from dog bites or creature assaults.

Pedestrian Collisions

Expert in legal services for foot-travelers involved in accidents, providing dedicated assistance for recovering damages.

Unfair Fatality

Advocating for bereaved affected by a wrongful death, providing compassionate and professional legal assistance to ensure restitution.

Backbone Trauma

Specializing in supporting individuals with spinal cord injuries, offering expert legal representation to secure compensation.

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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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