The Illinois statute of limitations for medical malpractice is two years, but exceptions apply. For example, Chicago parents may have up to eight years after a child’s birth (or even longer) to sue for a birth injury. Work with an attorney to clarify the time limits in your case and to file as promptly as possible.
Birth injury cases can be complicated. Call Ankin Law at 312-600-0000 to discuss your case.
What Is a Birth Injury?
Sometimes, newborns suffer physical injuries or trauma during labor, delivery, or immediately after birth. These are birth injuries. Negligence on the part of doctors, nurses, and other medical professionals can cause these birth injuries, often with lifelong repercussions for both the child and his or her family.
A birth injury can be mild, severe, or somewhere in between. In Illinois, pregnancy and delivery complications are the fourth-leading cause of infant death, accounting for about 9% of infant mortality cases.
Birth injuries have the potential to affect a child’s development in different ways. Common types of birth injuries include cerebral palsy and Erb’s palsy.
- Cerebral palsy: Oxygen deprivation during labor may cause cerebral palsy, which impacts motor control.
- Erb’s palsy: Improper use of forceps or excessive pulling during delivery may cause Erb’s palsy, a type of nerve damage in the arm or shoulder.
- Fractures: Medical professionals may break bones, especially the collarbone, during deliveries.
- Hypoxic-ischemic encephalopathy: A lack of oxygen and blood flow may cause brain damage.
Birth injuries can also include injuries to the mother. Common types of maternal birth trauma include excessive hemorrhaging, uterine rupture, and pelvic area damage. Psychological trauma is possible, too, with some mothers experiencing flashbacks, avoidant behaviors, or other symptoms after having their babies.
Medical negligence is a common cause of maternal birth trauma. For example, these injuries may occur due to inadequate monitoring of the mother’s condition or the improper use of instruments, among other causes. If mothers experience birth injuries, they may be able to sue.
What Is the Statute of Limitations for Birth Injury Lawsuits in Illinois?
In Illinois, the statute of limitations for medical malpractice typically is two years from the date of the injury or two years from the date the injury was discoverable.
This two-year deadline applies in most situations when a mother sues for her own injuries during childbirth. Exceptions may give her more time. Meanwhile, the timeline with newborn injuries may differ because the injured party is a minor.
Are There Exceptions to the Statute of Limitations?
In many situations, parents or injured children have more than two years to sue for a birth injury.
Within Eight Years of the Birth
Illinois lets parents file a birth injury claim on behalf of their child until the child’s eighth birthday or up to two years after discovering the injury (if that occurs later). This longer timeframe accounts for the fact that cerebral palsy, developmental disabilities, and other conditions may not become apparent right at birth. Parents may need time to recognize the injury and grasp its long-term impact before they can consider a lawsuit.
The Child’s 20th or 22nd Birthday
If no personal injury claim for a child has been filed by the time he or she turns 18, the deadline may be extended to his or her 22nd birthday. A lawyer can help clarify the timeline in your case.
Disabilities or Mental Incapacity
The birth injury may have caused the child to become permanently disabled and unable to manage his or her affairs. This could toll the statute of limitations. A legal guardian should have the standing to file a lawsuit on behalf of the child, with the typical time limits applying.
Fraud
Chicago medical professionals may purposefully hide or withhold information to cover up their negligence. This is fraud and may add five years to sue for a birth injury from the date the injured person discovers the injury.
Wrongful Death
The Illinois statute of limitations for wrongful death is generally two years from the date of death. However, parents or spouses may have more time if they did not yet know about the medical negligence contributing to the death. In these cases, the clock starts when the parents or spouses knew or reasonably should have known that medical negligence contributed to the death.
Why You Should Consult a Medical Malpractice Lawyer
Birth injury claims can be complex. Talking with a medical malpractice lawyer as soon as possible can help make sure you get the compensation you need and do not miss important deadlines.
Why Are Birth Injuries Difficult to Diagnose?
Diagnosing many types of birth injuries can be difficult for several reasons. For instance, cerebral palsy symptoms such as developmental delays, motor skill issues, or muscle tone abnormalities may take months or even years to appear. When they do appear, the adults in a child’s life may mistake these signs for normal variations in child development.
Diagnosing cerebral palsy often requires multiple evaluations, including MRI or CT scans, developmental assessments, and possibly even genetic testing. These tests occur over time as the child grows.
Moreover, a variety of factors can cause cerebral palsy and many other birth injuries. The variety can make it tricky to pinpoint medical negligence as the exact cause of an injury.
What Does Filing a Birth Injury Claim in Chicago Involve?
The birth injury lawsuit timeline may take two to five years from the time the client first meets with a lawyer to the resolution of the case. However, many cases settle before trial, which shortens the timeline quite a bit.
The process to sue for a birth injury typically involves gathering medical records, expert testimony, and evidence of negligence. However, most of this may come later in the process. One of your first steps should be contacting a lawyer experienced in birth injury cases. This person reviews your case and discusses the strength of your claim with you.
If a lawyer accepts your case, he or she works with you to gather diagnostic reports and other evidence showing negligence. Of course, birth injury cases often involve multiple parties. Your attorney helps identify doctors, nurses, hospitals, or other healthcare providers who may be liable for the injury.
After a lawsuit is filed, there may be pretrial negotiations or settlement offers. If the other side does not offer a fair settlement, your attorney will probably prepare to take the case to trial to seek compensation for medical expenses, the costs of future care, pain and suffering, and other damages.
What Are the Risks of Waiting Too Long?
Even if you think you have plenty of time to sue for a birth injury in Chicago, there can be risks in waiting. For instance, your understanding of how the statute of limitations applies in your case may be incorrect. You might not have as much time as you believe. Even if you do, waiting increases the odds of faded witness memories, lost evidence, and rushed lawsuits.
Evidence Preservation
Medical records, test results, and notes from healthcare providers may not be around forever due to hospital policies or medical office data management practices. Being proactive about suing for a birth injury helps protect these types of evidence.
Witness Testimonies
Over time, medical staff, nurses, and other healthcare professionals involved in the birth may forget important details, find other jobs, or otherwise become unavailable to testify as witnesses. Taking legal action sooner rather than later means fresher witness accounts.
Timely Investigation
Investigating a birth injury involves many steps, such as gathering medical records, consulting experts, and analyzing complex data. Starting early gives a birth injury attorney the best chance to build a strong case. A looming statute of limitations could hurt the thoroughness of the investigation, which may lead to reduced compensation or other suboptimal outcomes.
Quality of Life
Birth injuries often lead to high medical bills and emotional stresses. Suing for a birth injury as early as feasible lets families focus on matters they can best address while allowing lawyers to handle legal aspects. It is a huge load off many families’ shoulders knowing someone is protecting their rights and handling the process to seek compensation for long-term medical care, therapy, and other expenses.
Getting compensation sooner can also improve the child’s quality of life and reduce caregiver and family stress. Contact us at Ankin Law to discuss your case.