Archive for category: Blog

What Constitutes as Police Brutality in Illinois?

CHICAGO, IL – Police brutality is a serious issue that continues to raise eyebrows around the Chicagoland area and the U.S. Police brutality can be summarized as the excessive use of force, misconduct by law enforcement officers towards civilians or abuse of power. If you have suffered a personal injury in Illinois because of police brutality, contact our seasoned lawyers to obtain the legal representation you need and deserve.

Excessive Use of Force

An essential element of police brutality includes the excessive use of force by law enforcement officers. In Chicago, police officers are authorized to protect themselves or others from harm. However, force must be proportionate to the threat faced, and officers must follow established guidelines and training. When force exceeds what is reasonably necessary, such as unnecessary physical violence, it may constitute police brutality.

Racial Profiling and Discrimination

Another key aspect of police brutality in Chicago involves racial profiling and discrimination. Police misconduct includes when law enforcement officers disproportionately target people based on their race, ethnicity or other protected characteristics. Racial profiling undermines trust in law enforcement and violates constitutional rights, including the Fourth Amendment’s protection against unreasonable searches and seizures.

Accountability

Individuals have the right to seek legal remedies and hold law enforcement officers accountable which may involve filing a complaint with the Chicago Police Department’s Internal Affairs Division. Civil lawsuits may also be pursued by seeking compensation for physical injuries, violation of constitutional rights or emotional distress. Criminal charges can be brought against law enforcement officers involved in cases of egregious misconduct.

Contact a Personal Injury Lawyer in Chicago, Illinois

Police brutality in Chicago often involves excessive use of force, racial profiling and other forms of misconduct. Contact our office today to understand the legal framework and available legal remedies to seek justice and promote accountability. Fill out this form or call us now at (312) 384-1920 to get started on your legal endeavor today.

How Bodycam Footage Can Affect Police Misconduct Cases

CHICAGO, IL – The struggles against police misconduct and brutality is felt in Chicago which is why bodycam footage has become instrumental in ensuring those charged with protecting and serving don’t overstep their mandate. If you’ve been a victim of police misconduct, bodycam footage is a crucial element in your civil rights lawsuit; however, this isn’t your only key to a successful case.

If you feel you’re being treated unjustly, bodycam footage has the potential to hold police officers accountable for their actions. Having an unbiased eye that sees everything as it happens can make or break your case because it shows exactly what happened.

Bodycam Footage as Legal Evidence

Bodycam footage is recorded by police officers during their duties which offers a first-hand perspective of the incident. Bodycam footage shows clear evidence of what actually happened. To be admissable in court, the footage must meet specific legal standards of relevance and authenticity which include:

  • Relevance – the footage must directly pertain to the case.
  • Authenticity – the footage must be genuine, unedited and trustworthy.
  • Chain of Custody – the footage must have a clear tracking from capture to court to prevent tampering.

Challenges Using Bodycam Footage

Bodycam footage is invaluable; however, securing it has some obstacles such as:

  • Accessibility – there’s often a maze of red tape to navigate for access.
  • Inconclusive nature – the footage might miss key moments or provide a limited viewpoint.
  • Integrity questions – doubts about editing or the chain of custody can undermine its effectiveness in court.

Because of these hurdles, it’s important to seek legal counsel if you wish to pursue a civil rights lawsuit against a police department.

Contact the Police Misconduct Attorneys at the Dinizulu Law Group in Illinois

Bodycam footage is a critical tool to prove police misconduct in Chicago, Illinois. The footage offers a tangible piece of evidence in disputes that often rely heavily on personal accounts. If you’re considering legal action against a Chicago police department, contact the seasoned attorneys at the Dinizulu Law Group today! Our attorneys ensure justice and uphold civil rights for our clients. Fill out this form or call us at (312) 384-1920 to learn how we can best support you.

Can Wrongful Death Plaintiffs Recover Punitive Damages in Illinois?

CHICAGO, IL – In August 2023, Illinois made a change to the law that impacts wrongful death lawsuits. Previously, the law barred individuals from seeking punitive damages in wrongful death cases. Under the amended law, a plaintiff can now recover punitive damages in a wrongful death claim.

The new statute carved out exceptions so that punitive damages still are not available in medical or legal malpractice cases against state or local government entities and employees acting in their official capacities.

What are Punitive Damages?

Damages refer to the compensation a plaintiff receives when they win or settle a lawsuit. Compensatory damages are awarded to compensate the plaintiff for their injuries whereas punitive damages are designed to punish the defendant and prevent them from committing the same conduct again. Punitive damages are awarded in cases of gross negligence. For example, when a driver injures another driver while they are drunk. The plaintiff can sue for gross negligence, or negligence that goes beyond what would be considered ordinary negligence.

Gross Negligence vs. Ordinary Negligence

Ordinary negligence occurs when an individual fails to take precautions that another individual, in their place, would have taken. Examples of this include running a red light, tailgating or speeding.

Gross negligence goes above and beyond ordinary negligence. A plaintiff alleging gross negligence must establish that the defendant showed reckless disregard for the safety of others making a potential injury inevitable. You must establish gross negligence to win punitive damages. Examples of gross negligence include reckless driving or operating a vehicle while under the influence of drugs or alcohol.

How to Prove Gross Negligence

To prove negligence, you must establish the following occurred:

  • Duty – the defendant owed the plaintiff a duty of care.
  • Breach – the defendant failed to render an ordinary duty of care.
  • Causation – the breach directly led to the plaintiff’s injuries.
  • Injury – the plaintiff sustained injuries as a result of the breach.

Contact the Dinizulu Law Group in Chicago, Illinois

Proving gross negligence requires extensive experience as an attorney. If someone you loved has died due to the gross negligence of another individual, contact the lawyers at the Dinizulu Law Group to help you recover damages. Call our office located in Chicago to schedule a consultation to begin discussing your lawsuit immediately. Fill out this form or call us at (312) 384-1920 to get started today.

System Exposed for Failing to Protect Patients from Sex Abusers

CHICAGO, IL – A detailed investigation by the Chicago Tribune shed light on systemic issues that allow abuse by doctors to occur, revealing a healthcare and regulatory framework riddled with gaps and inefficiencies. These shortcomings have allowed a number of abusive practitioners to evade scrutiny and continue their harmful practices unchecked. In some instances, healthcare providers accused of sexually abusing patients have been allowed to continue practicing medicine for years.

Systemic issues that contribute to sexual abuse among healthcare professionals in Illinois include a lack of oversight, state law not applying to all healthcare workers, depending on healthcare providers notifying licensing agencies, slow institutional response to issues and a lack of transparency.

Lack of Oversight

Illinois struggles has struggled with oversight problems. Even when patients file a complain against healthcare providers, there is no robust system to ensure these complaints trigger an immediate and through investigation to protect patients.

State Law Doesn’t Apply to All Healthcare Workers

Illinois law requires hospitals to report abuse allegations to state health officials; however, this doesn’t extend to healthcare workers in independent practices or non-hospitals settings, including doctors’ offices, which creates a dangerous loophole in the system.

Dependence on Healthcare Providers Notifying Licensing Agencies

Illinois’s regulatory framework relies on healthcare providers to report themselves to the Illinois Department of Financial and Professional Regulation (IDFPR) if they face charges of misconduct. This flaw in the system became evident in a case of a healthcare professional who chose not to self-report the ongoing investigation against him despite facing serious accusations of sexual abuse. The provider was allowed to continue to practice without interruption.

Slow Institutional Response to Issues

In Illinois, the institutional response to allegations of misconduct is grossly slow. In the Chicago Tribune’s investigation, a healthcare facility took more than two years to act against a provider’s license after learning about allegations of sexually inappropriate behavior which puts other patients at risk and undermines trust in the healthcare system to protect its most vulnerable patients.

Lack of Transparency

The IDFPR’s website is a shocking example of the lack of transparency in patient sexual abuse reporting listing disciplinary actions against healthcare providers; however, it often uses vague language and fails to provide clear, detailed information about the nature of the misconduct or disciplinary action that was taken.

Contact the Dinizulu Law Group, Ltd. in Chicago, Illinois

Have you or someone you love experienced sexual abuse by a doctor, nurse or other healthcare professional? The Dinizulu Law Group is here to help you understand your legal options for holding the perpetrator accountable. Our attorneys have extensive experience in approaching these sensitive cases and work diligently to hold dangerous doctors responsible. Contact us today to discuss your situation, understand your rights, and learn the process of seeking both compensation and justice. Fill out this form or call us now at (312) 384-1920.

Baltimore Key Bridge Collapse; Determining Liability

CHICAGO, IL – A massive search effort is underway for six construction workers who were on the Francis Scott Key Bridge in Baltimore when it was struck by a Maersk-chartered ship and collapsed into the Patapsco River around 1 a.m. Tuesday morning, shutting down a critical artery for East Coast shipping.

James Wallace, chief of the Baltimore City Fire Department, said a vessel leaving the Port of Baltimore struck the Key Bridge causing it to collapse in seconds. The cargo ship smashed into one of the columns before the bridge snapped, hit the water and partially fell on the ship, where a burst of flames and smoke could be seen rising into the sky.

Several vehicles were on the bridge at the time of impact and were plunged into the Patapsco River. There were also multiple contractors on the bridge who were repairing potholes. A Baltimore City Fire Department spokesperson told Reuters that as many as 20 people could be in the river along with “numerous vehicles, and possibly a tractor-trailer or vehicle as large as a tractor-trailer, (that) went into the river.”

Wallace said two people were rescued in the initial hours of the search: one was unharmed and the other remains in “very serious condition.” The crew that was on the ship when it collided with the bridge remains on the vessel, which needs to be assessed for damage before rescuers can board it.

A mayday call enabled officials to stop traffic at both ends of Baltimore’s Francis Scott Key Bridge and try to evacuate people from the span before it collapsed on Tuesday. The crew of the cargo ship leaving the Port of Baltimore told Harbor Control that they had lost power and propulsion, the officials said.

Tuesday’s disaster may be the worst U.S. bridge collapse since 2007 when the I-35W bridge in Minneapolis collapsed into the Mississippi River, killing 13.

Maryland Governor Wes Moore declared a state of emergency to quickly deploy federal resources to deal with the emergency. Traffic was suspended at the Port of Baltimore until further notice, Maryland transportation authorities said. It is the busiest U.S. port for car shipments, handling more than 750,000 vehicles in 2022, according to port data.

Who is liable for the bridge accident?

After the ship caused a bridge to collapse in Baltimore early Tuesday morning, work to determine who is responsible awaits.

The cause of the incident must be established first. After that, responsibility will have to be assigned and that could likely end up being the ship owner.

The Danish shipping company Maersk chartered the ship from its owner, a Singapore-based company called Grace Ocean Private Ltd. The owner will have entered into a so-called time charter agreement with the operator; however, this agreement can only be obtained if the ship’s owners have taken out liability insurance.

The ship’s insurer is the P&I club Britannia, which is currently working with the ship manager and other relevant authorities to determine the cause of the accident.

While there is no simple answer, it’s important to consult with an experienced international maritime lawyer who understands the complexity of these cases due to investigations lasting for extended periods of time. Investigators will look at operation vessels with regard to collision regulations, electronic navigation logs, log books, the testimony of crew members and eyewitnesses, safety practices, operational philosophies observed, level of injury and physical damage, amongst other factors. After the at-fault has been determined (which can often take years involving legal proceedings), insurance companies and/or the owner of the boat will generally pay.

Authorities haven’t determined the precise cause, but U.S. Sen. Ben Cardin told The Baltimore Sun in a phone interview that indications point to the vessel losing power, causing it to lose steering.

The National Transportation Safety Board is investigating, a spokesperson for the board said.

New Audit Report into DCFS Finds 30+ Compliance Failures

CHICAGO, IL – The Illinois State Auditor General’s Office is seeing more compliance failures in the Department of Children and Family Services (DCFS). The nearly 140-page report was released in September 2023 outlining several delays of child abuse in the collection reporting, sometimes taking years to report incidents. The report found 33 compliance failures from the DCFS in the fiscal year 2021 and 2022.

“This audit is a roadmap of what can go wrong and what has gone wrong with this agency. We need to do something different,” State Rep. Steve Reick (R), Woodstock, said.

The report found that in 96% of investigations tested, DCFS failed to notify schools in a timely way. The audit found schools were told 431 to 908 days later. State laws require DCFS to notify schools within 10 days after an investigation is completed.

“We have to do something with what’s going on in this state and you can’t blame this on COVID,” Reick said.

In cases involving child death, injury, torture, malnutrition and sex abuse, DCFS is supposed to report this information to state attorneys within 24 hours after an occurrence. The audit found the department didn’t meet that deadline 20% of the time and information was reported 5 to 43 days late.

Click here to view the full report.

An Illinois Times review of public records issued between 2010 and 2024 shows that 176 children under the age of 13 have been killed after coming under the care of the department. Another 272 child deaths of children under the care of the department have resulted from undetermined causes. Abuse and neglect have been rampant, even though 174 watchdog investigations of death and serious injury cases were opened during this period by the Office of the Inspector General for DCFS.

DCFS Failed These Children

CBS 2 dug through 20 years of data. Never has the number of children with prior DCFS involvement died at this rate.

The report includes the case of 8-year-old Amaria Osby where DCFS waited 60 days to make contact with her or her mom after a hotline call came in on her wellbeing. She was later killed by her mother in their Uptown apartment for “loving her father too much.”

Amaria was on the radar of the DCFS as early as age 3. The department admitted rules that were not followed in this case. Just hours earlier, Amaria and her mom were visited at their Uptown apartment by the state child welfare workers from DCFS. DCFS failed to try to make contact with the family for 60 days – after a neglect call on Amaria came in last spring.

Both the DCFS worker and supervisor on this case were pulled from child protective duties. One of them is back to caring for kids.

Another failure from DCFS involves Navin Jones, another 8-year-old child, who died of severe malnutrition and abuse in 2022. A weeklong trial detailed the abuse and further revealed how DCFS didn’t act to remove the child from his parents’ care. The investigator at DCFS believed she didn’t have the authority to remove the boy from his parent’s home about a month before he died, despite her observance of him being sickly.

DCFS has repeatedly come under sharp criticism for failing to intercede to protect children at risk.

In October 2023, a judge convicted a former DCFS worker of child endangerment in connection with the 2019 beating death of a 5-year-old suburban Chicago boy by his mother. A.J. Freund suffered abuse and torture at the hands of his parents in their Crystal Lake home. Police found the boy’s body buried in a shallow grave field near Woodstock.

The police officer who responded to a call from A.J.’s mother several months before his death was overcome with emotion while recalling her concerns about returning the boy to his parents. She contacted DCFS after seeing A.J.’s injury and what she called “deplorable living conditions” in his home.

Prosecutors showed pictures of the home, which they said had animal feces, urine on the floor and junk piled everywhere.

“I told him, ‘There is no way children should be going back to that residence,'” Shipbaugh said.

DCFS returned the boy to his parents. His body was discovered six days after his parents reported him missing in April 2019.

Contact the Dinizulu Law Group in Chicago, Illinois
At the Dinizulu Law Group, you will find that we treat all our clients with compassion while providing the personal attention each one of them deserves. If you find yourself in a legal matter with the DCFS, schedule a consultation by calling us today at (312) 384-1920 or by filling out this form.

Importance of Seeking Medical Attention After a Car Accident in Illinois

CHICAGO, IL – If you have car accident injuries after a Chicago car accident, it’s important to seek medical attention immediately. This is one situation in which you do not want to wait and see if you can improve. Even if you don’t notice symptoms immediately, you should have a medical professional examine you after experiencing a significant car crash.

Onset of Symptoms

You might not notice any injuries at the accident scene because of the adrenaline coursing through your system or because trauma can cause hidden wounds. A person could be bleeding internally in their abdomen or brain and not have any specific symptoms until they’re in a medical crisis.

Trauma care specialists have training in what injuries to look for after a person has been in a motor vehicle accident. Some people have reported their broken bones didn’t develop apparent symptoms for a day or two, but feeling a general discomfort they’re not able to pinpoint at first.

Medical Records are Essential

Here are a few reasons why you’ll want to get prompt medical treatment. Your medical records become part of your car accident injury claim for these purposes:

  • Unbiased third-party evidence of the extent of your injuries. A jury will have a hard time believing you didn’t seek medical treatment for severe injuries. Instead, they will likely suspect you’re exaggerating how badly you got hurt.
  • Links your injuries to the crash if you go for a medical evaluation and treatment right away. When a person waits a few days or longer to get a medical examination after a Chicago collision, the defendant will allege that the person got injured in some other event, not the motor vehicle crash.
  • Shows your medical treatment costs. The medical expenses you incurred for your treatment will be a significant factor in calculating the amount of your compensation in the personal injury case. Pain and suffering can also take the amount of your medical bills.
  • Lists the types of medical treatment you had to endure because of your injuries. A jury is more likely to award a substantial sum to a plaintiff who required surgery to treat their injuries. The discomfort of the medical procedures will be a part of your personal injury case.
  • Establish the treatment plan and that you followed and completed the doctor’s prescribed treatment. It’s essential to finish your prescribed treatment, such as physical therapy. We understand how inconvenient and unpleasant medical treatment can be, but it can provide the best chance of optimal healing.
  • Reduces the defendant’s likelihood of arguing that you should get less money for your claim because you could have healed better. You must show you did everything you reasonably could to get better.
  • Identifies complications you suffered, including infections or allergic reactions. Although the negligent party who caused the car crash didn’t directly cause you to develop an infection or another side effect, you would not have had the complications had it not been for the collision.
  • Describes how well you healed and any residual impairments. It’s powerful evidence if your doctor or other treating medical professionals confirm that you have lingering problems like chronic pain, loss of function, weakness or other impairments from your wounds.

Waiting Too Long Could Lead to Side Effects

Bones might heal out of proper alignment and require surgery later to realign them. Although the fracture might have healed properly if immobilized right away, using the fractured area could pull the broken parts of the bone out of alignment.

The patient needs immediate treatment with an open fracture to reduce the likelihood of an infection. An open fracture is a broken bone that pierces the skin. You don’t have to have an open fracture to develop an infection after a car collision. Any open wound could develop an infection if not promptly and properly cared for.

Illinois Statute of Limitations for Personal Injury Cases

Years after an automobile accident, problems like arthritis could set in at the location of your crash wound and leave you miserable. Under Illinois law, you generally have two years to file a lawsuit that asks for an award of monetary damages from the at-fault party. By the time later issues like arthritis develop, it will likely be too late to take legal action for compensation. This is why it’s critical to seek medical attention if you or a loved one has suffered injuries in a Chicago car accident.

Seeking Legal Counsel in Chicago

A personal injury attorney from the Dinizulu Law Group would be happy to talk to you about your injury claim from a Chicago car accident. You only have a limited amount of time to pursue a lawsuit for your car accident. Call the Dinizulu Law Group today for guidance on your rights, insurance filing requirements and legal options toward damage compensation by calling (312) 384-1920.

Heartbreaking Trial in Peoria, Illinois Highlights Failures of Illinois DCFS

CHICAGO, IL – The father of Navin Jones, an 8-year-old boy who died of severe malnutrition and abuse in 2022, was found guilty of first-degree murder Friday after a weeklong trial that detailed the abuse and shed light on how the Department of Children and Family Services (DCFS) did not act to remove the child from his parent’s care.

Brandon Walker, 42, was sentenced to life in prison after the jury found him guilty of murdering Navin in a “brutal and heinous manner, indicative of wanton cruelty.”

Navin weighed only 30 pounds when his mother, Stephanie Jones, found him unresponsive in his room in March 2022. Jones, 37, pleaded guilty to murder and will be sentenced on April 25 where she faces up to 100 years in prison.

Jurors were shown graphic photos of Navin’s skeleton body with cuts, bruises and scars, as well as the horrific conditions he lived in including a desolate bedroom littered with feces. Other images showed how Navin progressively grew skinnier in the final 18 months of his life.

The trial also revealed how a DCFS investigator believed she didn’t have the authority to remove the boy from his parent’s home about a month before he died, even though she observed him to be sickly. Prosecutors say if she did her job, Navin may still be alive.

The prosecutor also placed blame on Navin’s parents for trying to deceive the state agency. Walker’s conviction represents the latest failure of DCFS to care for some of the state’s most vulnerable residents and have those lapses showcased during a criminal trial. DCFS has repeatedly come under sharp criticism for failing to intercede to protect children at risk. In October, in another case, a Lake County judge found one of two former DCFS employees guilty of ignoring warning signs of abuse of another child who died, 5-year-old A.J. Freund.

Navin and his older brother were temporarily living with his parents for several months when the boy died on March 29, 2022. Their grandmother and guardian, Laura Walker, attempted to remove them from her son’s home and had sought help from the police and DCFS, according to her testimony.

The pathologist who performed Navin’s autopsy testified that the boy died from severe malnutrition and abuse. The state further proved the neglect and abuse that occurred in the home by showing how there were no doorknobs on Navin’s door, instead a rope was used to close the door. Medical experts testified there were ligature marks on his wrists, indicating he was tied up.

Police also described a “putrid” smell in a closet in his room, in which they found feces smeared on the walls. A note was also on Navin’s door telling the older brother to not let Navin out or provide him with any food.

The problem with DCFS

DCFS had been involved in Navin’s life since he was an infant when he tested positive for opiates and was put under the agency’s custody. Four years later, Laura Walker gained permanent guardianship.

During the summer of 2021, Laura took a short trip to visit her ailing mother in Florida and planned to leave Navin with his parents for 10 days. When she returned to Illinois, she said her son and Jones refused to return Navin. She subsequently contacted Peoria police and DCFS, but the boy remained with his parents.

DCFS made several attempts to visit the children, but it wasn’t until February 2022 when DCFS investigator Kathy Harvey visited the home and observed Navin to be gaunt, sickly and “very thin,” according to her testimony. Harvey testified she did not believe at the time she had the authority to help Navin get medical care.

“I was afraid for his health,” Laura Walker testified, explaining why she decided to turn over temporary guardianship to her son. “I was afraid there was something critically wrong. The caseworker insisted this was the only way to get medical attention and I signed it and sent it.”

Harvey said she received the guardianship paperwork from Laura Walker in the mail on March 29, 2022, the day Navin died.

Charles Golbert, the Cook County Public Guardian, told Illinois Answers that he believes “Harvey was seriously wrong in her initial assessment.” Golbert’s office represents more than 7,000 children in Cook County and advocates for their best interests.

“That erroneous belief reflects a huge failure of training at DCFS, or judgment, or lack of appropriate supervision, or perhaps a combination,” he wrote in an email. He added if there are concerns about a child’s health, the agency can take protective custody of a child for up to two days without going to an emergency room.

He also noted that the agency’s investigators have caseloads that far exceed national rates with DCFS’s investigator vacancy rate at more than 20%.

An Illinois Answers Project investigation last year found that the state agency has been plagued with issues, including riding abuse and neglect complaints and a number of children who died while in the agency’s care.

In January, the agency’s Office of Inspector General published a report that found there were 171 child deaths involving DCFS in the fiscal year 2022 – the year Navin died. A September state audit showed how the agency repeatedly failed to follow state laws aimed at protecting children from abuse and neglect.

The Dinizulu Law Group is here to help you and your loved ones

When DCFS oversteps its bounds, our seasoned DCFS lawyers at the Dinizulu Law Group are there to protect the rights of parents and caregivers. Please call us as soon as possible if your family is under investigation. This is not an admission of guilt or wrongdoing. It is simply a sign that you take your family’s future seriously.

The most important thing is to act swiftly in contacting a DCFS lawyer. Even if you have done nothing wrong, mistakes in the administrative or legal procedures could result in consequences for you and your family.

The dedicated team at the Dinizulu Law Group has extensive experience with DCFS, domestic violence and family law cases. We are prepared to stick with you as long as it takes to get you the justice you deserve. Fill out this form or call us at (312) 384-1920 for a consultation today!

How To Report Medical Malpractice: Your Guide To Making A Difference

CHICAGO, IL – Emotions and stress run high after an injury or death of a loved one. It can be overwhelming to think about options to file a medical malpractice lawsuit or even win compensation for victims. The legal system is extremely complex and each case has unique nuances that only seasoned medical malpractice attorneys can effectively addressed.

What is the Role of Medical Malpractice Attorneys?

A medical malpractice lawyer is a legal professional that represents clients who have suffered harm due to medical negligence or wrongdoing. Medical malpractice occurs when a healthcare provider, medical staff, hospital or medical facility to provide the appropriate standard of care by harming a patient.

Medical malpractice attorneys work with clients who have suffered injuries, illnesses or other harm due to medical negligence. They investigate the incident’s circumstances, review medical records and reports, and consult with medical experts to determine if the healthcare provider breached their duty of care to the patient.

If it is determined that the healthcare provider or hospital breached their duty of care and harmed the patient, the medical malpractice lawyer will help the client pursue compensation for damages such as medical expenses, lost wages, pain and suffering, and other losses.

What Happens After You Hire a Medical Malpractice or Personal Injury Lawyer? 

Medical malpractice cases can be complex and challenging, and medical malpractice lawyers require specialized knowledge and experience to represent clients successfully. After hiring an attorney the role of medical malpractice attorneys and personal injury lawyers work with a team of medical experts, investigators and other professionals to build a strong case for their clients. After medical records, testimony, and medical examinations have taken place, the attorney will then begin to build the case against the practitioner or entity.

If a person dies due to medical malpractice, their surviving family members can file a claim on their behalf. Wrongful death is a painful incident that is both emotionally and financially taxing. Contact our attorneys today if you believe a family member died due to medical negligence resulting in wrongful death.

Wrongful death claims can be made by close family members like spouses and children or by a representative of the deceased’s estate. To win a medical malpractice wrongful death case, the plaintiffs must demonstrate that the medical professional was responsible for providing care, failed to meet that standard and that the death was a direct consequence of their negligence.

The last step of a medical malpractice case is either settlement outside of court (most common) or after a trial.

Have Your Been Injured? Contact the Lawyers at the Dinizulu Law Group, Ltd. Today!

Have you suffered an injury due to medical negligence? At the Dinizulu Law Group, we specialize in getting justice for individuals injured due to medical malpractice. Our team is highly experienced and well-versed in the relevant laws and procedures. With our expertise, you can have peace of mind knowing that your legal rights are upheld professionally and compassionately.

We understand the impact injuries sustained through medical negligence can have on victims’ lives — emotionally and financially. That’s why we are committed to providing high-quality consultation services so you can make informed decisions about the steps necessary to protect yourself or your family member’s interests regarding their potential right of recovery against negligent healthcare providers. Fill out this form or call us today at (312) 384-1920 to get started on your healing process today.

What Is A Catastrophic Birth?

CHICAGO, IL – Labor and childbirth rarely go exactly as parents hope when they’re making a birth plan. Laboring moms may ask for medication when they planned a drug-free birth or a baby’s position or other circumstances may require a C-section when a woman planned a vaginal delivery. Fortunately, the majority of childbirths have a happy ending, but sadly, in some circumstances, labor, or delivery goes so badly that it ends in catastrophe rather than a happily-ever-after. When this occurs due to the negligence of a doctor or medical professional, parents are entitled to compensation for the tragedy.

What are Catastrophic Birth Injuries?

Approximately one in every 33 babies born in the U.S. suffer a birth injury. Fortunately, the majority of birth injuries are minor—such as forceps bruises—and they resolve quickly. Sadly, in rare circumstances, the results of birth injury are catastrophic for the infant. Examples of catastrophic injuries include:

  • Cerebral Palsy
  • Brachial Plexus Palsy
  • Brain damage
  • Paraplegia, quadriplegia, partial paralysis
  • Vision or hearing loss
  • Amputation
  • Sepsis
  • Seizure disorders
  • Neurocognitive disorders
  • Coma
  • Vegetative state
  • Infant death

Whether the injury is immediately apparent or discovered in the months following delivery, parents may file a birth injury lawsuit against the negligent medical professionals responsible for the catastrophic injury.

Early Signs of Birth Injuries

Depending on the circumstances and the type of injury, parents and the labor and delivery staff may immediately know that a catastrophic injury occurred or the full extent of the injury may not reveal itself until later. Some signs of a birth injury to look for during the minutes and hours after birth include:

  • Bruises, abrasions, or swelling on an infant’s face or head
  • Delayed first breath or requiring CPR or a breathing tube after delivery
  • Limpness and loose arms
  • Stiffness and/or seizures during the early hours after birth

If your newborn exhibits any of the above signs, alert a doctor immediately. Early treatment may minimize the damage from some types of birth injuries.

Common Causes of Catastrophic Birth Injuries

The vast majority of birth injuries result from a natural birth complication. However, when a doctor doesn’t recognize the complication, fails to address it promptly, or provides incorrect or inadequate treatment, the doctor or the hospital that employs the doctor may be held liable for the injuries. The most common birth events that result in a catastrophic birth injury include:

  • Umbilical cord prolapse
  • Uterine rupture
  • Shoulder Dystocia, or baby trapped in the birth canal by a shoulder caught against the mother’s pelvic bone
  • Macrosomia, or baby too large for the birth canal
  • Chorioamnionitis: A dangerous infection now linked to cerebral palsy

If a doctor fails to properly diagnose and treat these and other complications in a timely manner the result may be a catastrophic injury to the child.

What Compensation Can I Get From a Catastrophic Birth Injury Lawsuit?

A medical professional must provide the highest standards of care to a patient. If a doctor fails to treat the patient the way another reasonable medical professional would in the same circumstances, they’ve committed medical malpractice and are liable in a catastrophic birth injury lawsuit.

With the help of a Chicago, Illinois birth injury attorney, a successful lawsuit can bring compensation for the following damages:

  • Lifelong medical expenses
  • Permanent disability expenses for home healthcare, special education, and other needs
  • Lost income for cases in which parents must reduce hours, miss work days, or leave a job to care for a child with a disability
  • Pain and suffering on the child’s part
  • Mental anguish on the parent’s part
  • Diminished life quality

While monetary compensation can’t undo a birth injury, it can help the parents access the best medical care so the baby can recover to the fullest extent possible or improve the quality of life for the child going forward.

Contact a Wrongful Death Lawyer in Chicago, Illinois

If your infant died during birth, you pay the greatest possible cost in your grief. A wrongful death claim may result in changes that prevent another family from experiencing the same tragedy. If your child lived you may now be faced with an impossible task: providing for a child with a catastrophic injury that requires a lifetime of nursing care. As lawyers with extensive experience in birth injury claims, we will help your family determine the full value of your claim and work relentlessly to recover the damages you need to take care of your child and your family.

Contact the Dinizulu Law Group today by filling out this form or calling (312) 384-1920 for an initial consultation.

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