{"id":243,"date":"2014-09-17T10:00:28","date_gmt":"2014-09-17T15:00:28","guid":{"rendered":"http:\/\/www.chicagobirthinjurylawyersblog.com\/?p=243"},"modified":"2016-09-05T11:34:37","modified_gmt":"2016-09-05T16:34:37","slug":"chicago-u-s-district-court-grants-summary-judgment-part-birth-injury-case-leaves-res-ipsa-loquitur-claim-fact-finder","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/chicago-u-s-district-court-grants-summary-judgment-part-birth-injury-case-leaves-res-ipsa-loquitur-claim-fact-finder\/","title":{"rendered":"Chicago U.S. District Court Grants Summary Judgment for Part of Birth Injury Case; Leaves Res Ipsa Loquitur Claim for Fact Finder"},"content":{"rendered":"

Kaleb Avalos-Lanteros was born with what amounted to a fractured skull. The injury caused brain damage and was first recognized while Kaleb was in the neonatal intensive care unit at Mount Sinai Medical Center <\/a>in Chicago.<\/p>\n

The cause of Kaleb\u2019s skull fracture was not acknowledged by anyone but was alleged to have happened when Kaleb was being cared for in the NICU. No one took responsibility, so Kaleb\u2019s parents relied on the claim of res ipsa loquitur in suing lots of defendants, which included the hospital, EPC Healthcare Staffing and another group of companies affiliated with Sodexo Inc.<\/a><\/p>\n

The lawsuit and its complaint included claims for what the lawyers called \u201cspecific negligence\u201d in addition to the claim of res ipsa loquitur, which literally means, in Latin, the thing speaks for itself. In other words, the law allows this theory to be applied for a claim in which the event alleged could not have happened in the absence of negligence. That presumption is rebuttable and can be defeated, but would be a question of fact to be decided by a jury as the finder of facts.<\/p>\n

Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Kaleb Avalos-Lanteros was born with what amounted to a fractured skull. The injury caused brain damage and was first recognized while Kaleb was in the neonatal intensive care unit at Mount Sinai Medical Center in Chicago. The cause of Kaleb\u2019s skull fracture was not acknowledged by anyone but was alleged to have happened when Kaleb […]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[4,23,21,24],"tags":[],"class_list":["post-243","post","type-post","status-publish","format-standard","hentry","category-birth-injury","category-brain-injury","category-hypoxic-ischemic-encephalopathy","category-skull-fracture"],"yoast_head":"\nChicago U.S. District Court Grants Summary Judgment for Part of Birth Injury Case; Leaves Res Ipsa Loquitur Claim for Fact Finder — Chicago Birth Injury Lawyers Blog<\/title>\n<meta name=\"description\" content=\"Kaleb Avalos-Lanteros was born with what amounted to a fractured skull. The injury caused brain damage and was first recognized while Kaleb was in the\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/chicago-u-s-district-court-grants-summary-judgment-part-birth-injury-case-leaves-res-ipsa-loquitur-claim-fact-finder\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Chicago U.S. District Court Grants Summary Judgment for Part of Birth Injury Case; Leaves Res Ipsa Loquitur Claim for Fact Finder — Chicago Birth Injury Lawyers Blog\" \/>\n<meta name=\"twitter:description\" content=\"Kaleb Avalos-Lanteros was born with what amounted to a fractured skull. The injury caused brain damage and was first recognized while Kaleb was in the\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Robert Kreisman\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Chicago U.S. District Court Grants Summary Judgment for Part of Birth Injury Case; Leaves Res Ipsa Loquitur Claim for Fact Finder — Chicago Birth Injury Lawyers Blog","description":"Kaleb Avalos-Lanteros was born with what amounted to a fractured skull. 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