As parents, we dedicate our lives to protecting our children. We vow to always act in their best interest and to protect them from harm. The last thing we want or expect is for them to suffer an injury at birth, or to be the victim of a birth defect. When these things happen, we often find ourselves asking why it happened and how it could have been prevented.
Birth Defect and Injury Facts
According to the Center for Disease Control, 1 out of every 33 children are born with a birth defect. Birth defects are defined as structural changes present at birth that can affect almost any part of the body. They can range from mild to severe, and may also affect how the body looks, works, or both.
On the other hand, birth injuries are defects that an infant sustains right before, during, or after birth. In the United States, one out of every 9,714 children suffers a birth injury. In fact, in 2006, approximately 157,700 birth injuries to mothers and infants were reported. These injuries could have been prevented.
Under Illinois law, if your child has suffered a birth injury or defect, you may be entitled to reimbursement of medical expenses, or compensation for pain and suffering, disability, disfigurement, permanent impairment, and loss of earning potential. Consulting an attorney early on in your case is the best way to ensure that your losses have been properly documented so that you receive fair value for your claim.
Statute of Limitations
Illinois sets a time limit of two years to file this type of lawsuit in the state’s civil court system. In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. Sometimes, however, a statute of limitations might run from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
For injury claims against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue.
A qualified personal injury attorney can help guide you through this difficult time and alleviate some of the stress.
Representation You Can Trust
For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about your birth injury medical malpractice case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.