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Legally Reviewed by:

Jonathan Rosenfeld
J.D

October 6, 2021

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

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

If a child sustains a personal injury or an injury occurred during the birthing process, they may file a birth injury claim (or birth injury lawsuits), also called medical malpractice 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 for resolution, like negotiated lawsuit settlements or jury verdicts.

Birth injury litigation is governed by Illinois law and Illinois statutes. The birth injury statute of limitations gives a set period of time (typically eight years) for a birth injury claim/birth injury lawsuit that is dependent on the child’s condition and resulting disability.

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 medical malpractice cases, personal injury claims, or wrongful death claims.

We serve clients so they know the time limit of injury claims for their child and across different practice areas and 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.

Birth Injury Statute of Limitations

What are the Birth Injury Statutes of Limitations?

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

You may be time-barred by the birth injury statute of limitations that restricts the time 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 birth injury statute of limitations motivates an injured person to file early to get the full extent of their recovery before the limitations expire. It 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.

What is Considered a Birth Injury?

The birth injury statute of limitations sets time limits for Illinois birth injury claims or similar injury claims, and such cases and legal actions deserve justice for the significant damage they cause:

  • Neurological injuries
  • Cerebral palsy
  • Reduced developmental milestones
  • Diminished cognitive abilities
  • Increased lifelong care expenses
  • Limited treatment options
  • Other legal disability

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 is the Birth Injury Statute of Limitations in Illinois?

A person entitled to bring a case for damages must do so within the proper birth injury statute of limitations.

For children, the relevant law is 735 ILCS § 5/13-212(b) [1], 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 birth injury statute of limitation extends for such injury due to specific 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 birth injury statute of limitations does not afford you much time after you realize your child was harmed during surgery, labor, or other birth-related procedures and treatments.

This limitation makes it critical to take swift action once you realize your little son or daughter has been harmed.

You should do some things 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 to help your legal team.

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

Statute of Limitations on Birth Injury Cases: How Can an Attorney Help My Case?

If you are concerned about getting your case in before the birth injury 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: Labor and Delivery Malpractice Cases

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 to 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 had done that, they would have started a C-section and removed the child to alleviate the situation. They did not do that.

The baby suffered a shoulder injury and was born without any sign of life. It took just under an hour for the child to be pronounced dead.

The parents sued the midwife for malpractice before the deadline for the birth injury statute of limitations. 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 missed. Eventually, the child experienced acidosis and ischemic encephalopathy.

The little baby girl was born with a significant 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 related parties with malpractice and wrongful death.

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

$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 note or act 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 the bills that racked up (over $100,000 in medical bills alone).

In these circumstances, plaintiffs can usually go after the medical professionals (i.e., doctors, nurses, radiologists, etc.) and the facilities and medical groups involved in the incident.

Here, the plaintiffs charged the defendants with negligence and malpractice. However, we do not know the extent of their objections 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 suffered injuries during or after birth.

Talk to a Chicago birth injury lawyer from our law firm so we can help you before the birth injury 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.

Resources: [1] ilga.gov

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