Coronavirus Update: To New & Existing Clients Learn More ›

Illinois Statute of Limitations for Birth Injury Cases

School age children often struggle due to the serious injury they experienced during labor due to medical negligence.

If a child sustains personal injury or an injury occurred during the birthing process, then they may have a birth injury claim (or birth injury lawsuits), which is also referred to as a medical malpractice claim or personal injury claims.

However, any legal claim, including those for birth injuries like a child medical malpractice lawsuit, must be brought within the relevant statute of limitations

Birth injury litigation is governed by Illinois law and Illinois statutes. The Illinois medical malpractice statute of limitations gives a set period of time (normally eight years) for a birth injury claim / birth injury lawsuits.

Our law firm, Rosenfeld Injury Lawyers LLC, offers legal advice and a free consultation regarding child personal injury cases for whatever the child suffered as well as a medical malpractice case, personal injury claim, or wrongful death claim in general.

We serve clients so they know the time limit of injury claims for their child and across different practice areas and different statutes of limitations of such action or injury claim.

Contact us for your free consultation regarding birth injury statute of limitations and personal injury claims.

What are Statutes of Limitations?

Statutes of limitation prevent your right to bring legal action if such action is brought after a certain amount of time from the underlying events.

You may be time barred by a statute of limitation time limit after you suffered injuries if you wait one year, two years, four years, or another length depending upon the cause of action (i.e. Illinois birth injury claim, medical malpractice cases, most personal injury claims, wrongful death, etc.)

Illinois statute of limitations motivate an injured person to file early to get the full extent of their recovery before the limitations expires. This is partially why a statute of limitations is there in the first place. They also ensure all evidence is available and court resources are not depleted.

The statute of limitations set time limits for Illinois birth injury claims or a similar injury claim and such cases and legal actions deserve justice for the great damage they cause: neurological injuries, cerebral palsy, reduced developmental milestones, diminished cognitive abilities, increased lifelong care expenses, limited treatment options, other legal disability, etc.

Talk to our team about an attorney client relationship and how we can help bring a case for your child’s injury within the statute of limitations in Illinois in Cook County, DuPage County, or anywhere else in the state

What are the Statutes of Limitations in Illinois for Medical Malpractice Birth Injury Claims?

A person entitled to bring a case for damages must do so within the proper statute of limitations. For child, the relevant law is 735 ILCS § 5/13-212(b) and it provides that no injury claim be brought more than eight years from the date that the action accrued or occurrence alleged, or would have accrued with reasonable diligence whether or not the claimant knew about it.

The discovery rule provides that the statute of limitation extends for such injury due to certain events including fraud. However, in most cases, it will not and the traditional eight year rule will prevail for the legal disability or other personal injury that the child suffers during birth.

What Should I Do if My Child was Injured during Birth?

As you can see, the statutes of limitations do not afford you much time after you realize your child was harmed during surgery, labor, or other birth-related procedures and treatments. This makes it critical for you to take swift action once you realize that your little son or daughter has been harmed.

There are a couple of things you should do to protect your beloved children’s legal rights. First, talk to a lawyer. They can help you a lot and explain what you need to do.

Second, avoid speaking with the people responsible for the incident. They will get you to try to admit things that will destroy your case.

Third, gather all evidence, medical records, witnesses, memories, and other things that will help your legal team.

This simple list will help start your claim but craft a more extensive agenda with your counsel.

How Can an Attorney Help with my Case?

If you are concerned about getting your case in before the statute of limitations expires, consider hiring an experienced personal injury law firm to manage your case from start to finish.

They can assist you in the following ways:

  • Draft and file a complaint
  • Negotiate with insurance companies
  • Interview all witnesses
  • Investigate the incident

Birth Injury Awards and Settlements

Review these case summaries to understand the kind and amount of compensation and relief possible for your family.

$800,000 Birth Malpractice Settlement:

A midwife got in over her head during this case and the results were fatal. It highlights the need for medical professionals to act with skill and speed during a delivery. What happened her was that the midwife did not check the baby’s heart rate or other critical signs as the birth progressed.

Consequently, the woman failed to see that the baby’s condition was deteriorating. Then, to make matters worse, she did not refer or contact a doctor for assistance.

If she did that, they would have started a C-section and removed the child to alleviate the situation. Obviously, they did not do that. The baby suffered a shoulder injury and was born without any sign of life. It took just a little under an hour for the child to be pronounced dead.

The parents sued the midwife for malpractice before the statute of limitations deadline. In a private settlement, the plaintiffs received $800,000.

$2.4 Million Minor Malpractice Settlement:

The events surrounding this malpractice cause of action arose at Little Company of Mary Hospital. A mother was admitted for the birth of her child. It was to be a little girl. However, unfortunate developments transpired during the delivery.

There were signs of trouble and dysfunction that the medical staff apparently missed. Eventually, the child experienced acidosis and ischemic encephalopathy. The little newborn baby girl was born with a major brain injury and disabilities from that trauma.

Doctors diagnosed her with cerebral palsy, seizure disorder, and gastric reflux. Tragically, the baby girl died about eighteen months after her birth. The family brought this lawsuit on her behalf. They charged the hospital, doctors, and other related parties with malpractice and wrongful death.

They pointed to the missed signs of trouble during the delivery as proof of their negligence. In a private agreement, the family agreed to settle the matter for a reported $2.4 million.

$1.7 Million Child Wrongful Death Case:

This hospital case involved a newborn boy. The child was born in an Illinois facility. During delivery, it experienced fetal distress. However, the defendants failed to take note of or action against this problem. Consequently, the baby sustained a massive brain injury. The head trauma eventually took his life.

This wrongful death case was brought on his behalf. It sought damages for the boy’s pain, the family’s grief, and all of the bills that racked up (over $100,000 in medical bills alone). In these circumstances, plaintiffs are usually able to go after the medical professionals (i.e. doctors, nurses, radiologists, etc.) as well as the facilities and medical groups involved in the incident.

Here, the plaintiffs charged the defendants with negligence and malpractice. We do not know the extent of their objections though because the parties settled for a reported $1.7 million.

Talk to Our Child Birth Injury Lawyers

Rosenfeld Injury Lawyers has helped many children and their families after they have suffered injuries during birth or right after it. Talk to us so we can help you before the statute of limitations runs out.

Our legal group can schedule a no-obligation consultation so you understand all your options. We can even file a case on contingency so there are no fees until we win for you in court or settlement. Call now to find out what you may obtain.