CHICAGO, IL – When a child is born with injuries due to medical negligence, it can be a devastating experience for families. Beyond the immediate medical and emotional challenges, there are also legal considerations, including the statute of limitations. In Illinois, the statute of limitations is crucial for parents seeking justice and compensation for birth injuries. This blog will delve into what the statute of limitations is, how it affects birth injury cases and what families need to know to protect their legal rights.
What Is the Statute of Limitations?
The statute of limitations refers to the time period within which a person can file a lawsuit. Once this period expires, the right to bring legal action is generally barred. The purpose of the statute of limitations is to ensure that claims are made while evidence is still fresh and to provide a sense of finality to potential defendants.
Birth Injury Cases in Illinois
In Illinois, birth injury cases typically fall under medical malpractice. These cases involve allegations that a healthcare provider’s negligence caused harm to the mother or the baby during labor, delivery or immediately after birth. Common birth injuries include cerebral palsy, Erb’s palsy and other conditions resulting from improper handling, failure to monitor, or inadequate prenatal care.
Statute of Limitations for Medical Malpractice in Illinois
For medical malpractice claims, including birth injury cases, Illinois law establishes specific time limits. The statute of limitations for filing a medical malpractice claim in Illinois is generally two years from the date the injury is discovered or should have been discovered. However, there are important nuances to this rule in the context of birth injuries:
- Discovery Rule: In Illinois, the statute of limitations is governed by the “discovery rule,” which means the clock starts ticking when the injured party discovers, or reasonably should have discovered, the injury and its connection to the negligent act. This is particularly relevant in birth injury cases where the full extent of the injury may not be immediately apparent.
- Minor Children Exception: For cases involving minors, the statute of limitations is different. In Illinois, a minor (under 18 years old) has until their 8th birthday to file a claim, which extends the deadline beyond the typical two-year period. However, if the injury is not discovered until after the child turns 8, the claim must be filed within two years of the discovery date or before the child turns 22, whichever comes first.
- Statute of Repose: In addition to the statute of limitations, Illinois law also includes a statute of repose, which sets an absolute deadline for filing claims regardless of when the injury was discovered. For medical malpractice claims, this period is four years from the date of the alleged negligent act or omission. This means that even if a birth injury is discovered later, the claim cannot be filed if more than four years have passed since the alleged negligence occurred.
Practical Considerations for Families
Navigating the legal aspects of a birth injury case can be complex. Families dealing with birth injuries should consider the following:
- Seek Legal Advice Early: Consulting with an experienced medical malpractice attorney as soon as possible is crucial. The medical malpractice lawyers at the Dinizulu Law Group will help determine whether there is a viable claim, ensure compliance with deadlines and gather necessary evidence in a timely manner.
- Document Everything: Keeping detailed records of the child’s medical treatment, the circumstances of the birth and any communications with healthcare providers can be invaluable in building a case.
- Act Promptly: Even if the injury is not immediately apparent, taking action sooner rather than later can be beneficial. This allows for a thorough investigation and ensures that important evidence is preserved.
- Understand Your Rights: Each case is unique, and understanding the specific nuances of Illinois law as it applies to your situation is important.
Contact Medical Malpractice Lawyers in Chicago, Illinois
The statute of limitations is a critical aspect of pursuing a birth injury claim in Illinois. Understanding the time limits and exceptions can significantly impact the outcome of a case. For families facing the challenges of a birth injury, it’s essential to seek legal guidance promptly and be proactive in protecting their rights. With the right support, families can navigate the complexities of medical malpractice law and work toward securing justice and compensation for their child’s injuries.
That’s where the skilled birth injury lawyers at the Dinizulu Law Group come in to play. We are here to help you navigate the complexities of your case and work toward securing the justice and compensation you and your family deserves. To receive a consultation, fill out this form or call (312) 384-1920 to get started today.
