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When To File Your Birth Injury Lawsuit In Illinois

Preventable Birth Injuries

How Long Do I Have to File a Birth Injury Lawsuit in Illinois?

Minor injuries to newborns may occur during the birthing process, which could be natural due to the force of labor. However, when nerves are damaged, bleeding occurs on the brain, bones are broken, or a baby’s oxygen is deprived causing irreversible injuries, further treatments and extended care will be required, leaving parents to reach a traumatic point of devastation and financial strain. Sadly, many times these injuries could have been prevented had the mother’s medical team including, doctors, nurses, and others, avoided negligent behaviors and faulted choices.

Examples of medical negligence during birth may include failure to:

  • provide the proper prenatal care
  • monitor the fetus
  • respond to fetal distress
  • calculate of the correct size of the fetus
  • give a mother an accurate due date
  • safely manage labor or delay delivery
  • diagnose and treat early labor
  • identify infections and medical problems in the mother or her baby
  • recognize Rh incompatibility
  • monitor a mother’s blood pressure or blood glucose
  • prescribe medications that are not harmful during pregnancy or delivery
  • allow for abnormal presentation
  • to perform a timely c-section
  • read an ultrasound or follow the radiologists’ recommendations for follow-up
  • induce appropriately
  • misuse delivery instruments such as forceps or vacuum extractor
  • give oxygen to newborns when needed (hypoxia birth injury)
  • provide proper support during labor and delivery
  • manage an extended pregnancy
  • respond to bleeding
  • treat placental abruption
  • act on fetal heart monitor changes and evidence of fetal distress
  • intubate a newborn or request the appropriate care and hospital transfer
  • reduce brain damage by cooling a baby to around 33 °C for three days after birth

Many preventable birth injuries can lead to a child’s long-term disability. Parents must act quickly if they would like to receive compensation for these injuries and damages. Because the claim is considered civil, a specific statute of limitations is deemed to apply to these sensitive cases.

Determining the Right Time to File a Birth Injury Lawsuit in Illinois

Most medical malpractice claims must be filed within two years from the date of the injury, or the time that the person should have been aware of the damage. In contrast, a different statute of limitations explicitly covers birth injury claims.

  • Birth injury claims can be made within eight years of the occurrence.
  • No claims can be made after the child’s 22nd birthday.
  • Infant wrongful death must be filed within two years from the date of death.

Data and documents regarding the incident may be lost or degraded over time. Witnesses may not accurately remember events that happened or may no longer be available to review your claim. Therefore, it is always in the family’s best interest to discuss concerns and have legal questions answered by an attorney as soon after their child’s injury occurred.

Request a Free Consultation to Evaluate Your Birth Injury Lawsuit

Birth injury cases are handled slightly differently than standard personal injury cases. If your child suffered an injury at birth, you should seek legal assistance immediately. Your attorney can begin gathering essential information needed for a claim, as soon as you are ready. Contact the experienced lawyers at Levin & Perconti to schedule a consultation to discuss your case by calling (877) 374-1417.

Also read: Birth Injury Due to Shoulder Dystocia

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