Whenever your child is injured during birth or miscarried due to a medical error, it is important to understand your rights as both a parent and a patient. It is not unreasonable for parents to demand answers and accountability when their children suffer injuries that will affect how they grow and live their lives. The Chicago Injury Center’s birth injury law team is available to answer your questions and to let you know more about your rights, the law and what you can do to ensure that your family receives the compensation needed to provide quality care for your child’s injuries.
What is Birth Injury Law?
Birth injury law is a subsection of medical malpractice law because many birth injuries are the result of medical complications that arise during pregnancy or labor. A doctor’s failure to notice or treat benign conditions that have the potential to cause more serious and life changing injuries can be considered medically negligent or a form of medical malpractice. Injuries or conditions that cause the death of the child through miscarriage or after birth may also fall under medical malpractice if it is determined that the doctor or staff did not act under the standard of care— which is the measure of care any reasonable doctor or medical care provider would have provided under similar or identical circumstances.
What am I entitled to collect in damages if my child suffered an injury at birth due to physician negligence?
Medical conditions and injuries to the brain can require expensive long term care and if a child’s medical condition is the result of medical malpractice, the parents should never be required to shoulder this financial burden in addition to the emotional trauma they must endure while watching their child suffer and struggle through life. Experts in the fields of medicine and economics are often relied on to help assess the potential cost of a lifetime of care for children affected by birth injuries. Illinois law allows damages to be sought in the form of past medical bills, the cost of future medical treatment and the pain and suffering of the child and family.
How long do I have to act to pursue a lawsuit related to birth injuries in Illinois?
It is not wise to wait before speaking with an attorney about your case due to the statute of limitations for civil cases. A statute of limitations is a limit on the amount of time you have following an injury to file a lawsuit. In Illinois, the statute of limitations is two years, but there are special requirements for medical malpractice lawsuits that take time for your attorney to meet. For this reason, it is best to begin the process as early as possible.
If your child was injured or died during birth and you believe it is due to an act of medical malpractice or negligence, contact the Chicago Injury Center to arrange a free consultation with one of our birth injury lawyers. We will be happy to evaluate the details of your case, answer any questions you may have about your rights, the law and the legal process and to advise you on how best to proceed with your case.