How Long Do I Have to File an Illinois Birth Injury Claim?

 Posted on June 17,2024 in Medical Malpractice

While pregnancy and giving birth has never been a completely risk-free process, medical professionals must ensure that they provide proper treatment for infants as they are born, in addition to using care during the birthing process. When medical professionals violate their duty of care to a child, this can result in birth injuries, many of which can cause significant health problems in the future.

If you suspect your child has experienced a birth injury, it is vital to speak to an Illinois birth injury attorney to understand your legal options.

How Are Birth Injury Claims Different From Other Claims?

Birth injury claims must be taken seriously, and these claims are slightly different from other types of medical malpractice claims. In many cases, if a child suffers a birth injury, the parents of the child may not be able to determine this right away. As the child grows, symptoms may appear that indicate the presence of a birth injury, and it can be hard to tell the full impact of a birth injury until these symptoms make themselves present and further testing is completed.

This differs from most medical malpractice injuries in adults, where it is often easy to see and assess the full extent of the damage that the improper care resulted in right away.

Symptoms to look out for that could indicate a birth injury in your child include:

• Missing cognitive milestones as he or she ages
• Excessive fussiness as a baby
• Seizures
• Unexplained bruising and injury after birth
• Muscle weakness or paralysis
• Speech delays
• Poor coordination

Illinois Birth Injury Claim Statute of Limitations

In Illinois, a medical malpractice lawsuit must be filed within two years from the date of the injury, or within two years of when the injury reasonable should have been discovered. However, there is a longer statute of limitations for birth injury claims, due to how long it can take for birth injuries to be evident in children and fully assessed.

Parents who have a child with a birth injury will have up to eight years after the date of the injury’s occurrence to file a claim. This applies to injuries that occurred to a victim under the age of 18 years old, and the claim must be brought before the victim turns 22 years old.

In the case of a permanent disability, the statute of limitations will not apply until the disability has been removed or eliminated.

Contact a Chicago, IL Birth Injury Lawyer

When your child experiences a birth injury, you need to contact an experienced Chicago, IL birth injury attorney right away. Skilled representation from our knowledgeable attorneys at Winters Salzetta O'Brien & Richardson, LLC can help you advocate for your child’s rights and the compensation you deserve.

Our attorneys have a strong track record of success with birth injury claims, and we will provide you with compassionate and dedicated representation. Call 312-236-6324 for a free consultation.