Is There a Statute of Limitations on Birth Injury Claims?

After months of dealing with the challenges and difficulties of pregnancy, you deserve a delivery that is relatively free of stress and complications. However, when your newborn suffers harm due to medical negligence during the birthing process, the distress, emotional pain, and anxiety can feel unbelievably overwhelming. Our compassionate legal team at The Cates Law Firm has helped our clients pursue just compensation in the aftermath of a birth injury.

If your child has a birth injury due to negligence, and if you choose the hospital or medical team for damages, you need to know about the statute of limitations that governs birth injury claims. Here is everything you need to know.

What Is a Birth Injury Claim?

Hospitals and medical workers open themselves up to birth injury claims when their negligence causes harm to a newborn during childbirth. This harm can take many forms: physical injuries, neurological damage, or other health complications. Parents and other concerned adults pursue these claims to help cover medical expenses, therapy, and other related costs.

Why Is There a Statute of Limitations?

By law, the injured party has a set amount of time to sue for damages after an injury. This period of time is called the statute of limitations—this helps ensure that cases come to court while the evidence is still fresh and witnesses’ memories are still clear. The statute of limitations also helps provide a sense of closure and certainty for all parties involved. Without a statute of limitations, cases could be filed many years after their corresponding initial incidents, resulting in a cluttered and overburdened legal system.

What Are the Specific Timeframes for Birth Injury Claims?

In Illinois, you typically have two years to file a claim for a standard physical injury. However, because injuries sustained at birth might not fully manifest until years after the initial incident, the state extends the statute of limitations for birth injuries to eight years.

In addition, if your newborn suffers from a disability as a result of the injury, the statute of limitations can extend until your child reaches the age of 22. Furthermore, if the disability appears permanent, the statute of limitations does not start counting down until the disability is eliminated.

How Can Delays Affect Your Claim?

If you fail to file within the statute of limitations that applies to your child’s birth injury, the court could dismiss your claim. In effect, waiting too long can mean forfeiting compensation to help your child receive necessary medical care and support. If you need to file a claim to pursue damages for a birth injury, an experienced Belleville birth injury lawyer can help guide you through the process and ensure you meet the applicable statute of limitations.

Are There Exceptions to the Statute of Limitations?

In certain circumstances, the law can modify the statute of limitations for your family’s birth injury claim. For instance, a healthcare provider’s attempt to fraudulently conceal the injury can extend the period you can file a claim.

Illinois law also has one other provision that might restrict the time you can file a birth injury claim—the “statute of repose,” which may impose a hard deadline of eight years from the date of the incident. To navigate all these legal complexities, consider hiring an experienced attorney in Belleville who can ensure you meet the relevant statutes and time limits.

What Steps Should You Take if You Suspect a Birth Injury?

Once you suspect that your child has suffered a birth injury due to medical malpractice, immediately seek a medical examination to confirm your suspicions, the extent of the damage, and possible causes. Once you have sought this medical consultation and believe your child was a victim of a malpractice-induced birth injury, contact an experienced lawyer who can help you and your family present your claim.

Protect Your Child’s Rights With The Belleville Birth Injury Lawyers at The Cates Law Firm

The seasoned and compassionate Belleville birth injury lawyers at The Cates Law Firm know what evidence to procure, how to navigate the legal system, and who to contact. Call 618-277-3644 or complete our online form for a free consultation. Our office in Swansea, Illinois, serves clients throughout St. Louis, Belleville, East St. Louis, Edwardsville, Granite City, Waterloo, Chester, Carbondale, St. Clair County, Madison County, Monroe County, Randolph County, and other regions throughout Southern Illinois.