There is nothing more devastating than discovering that the child you protected for months in the womb suffered harm during birth. You may wonder what went wrong or if you could have prevented it. More importantly, you will want to know if your doctor is responsible and whether you can take legal action against them.
In Illinois, you need to spot the very first signs of a birth injury so you can pursue a claim against the people you entrusted with your child’s care.
How to recognize potential birth injuries
Not every complication during labor and delivery is malpractice, but in some instances the injuries may be because of medical negligence. Here are some examples:
- Cerebral palsy: This can be due to oxygen deprivation because of a lack of prompt medical intervention.
- Brachial plexus injuries: Excessive force during delivery can cause nerve damage in the neck or the arms of a baby, potentially resulting in residual impairment.
- Brain bleeds or skull fractures: Improper use of delivery tools can cause damage that leads to lifelong disability or even death.
If the pregnancy was uneventful and your baby has always been healthy in the womb based on prenatal checkups, there is a possibility that any injury was sustained during or shortly after delivery. Make sure to request complete medical records and monitor your child’s symptoms.
What are your legal rights as parents?
If your doctor failed to provide an acceptable level of care for your child, you may pursue compensation. If your claim is successful, you should receive financial support for your child’s future care needs.
Statute of limitations in Illinois
The state allows parents to file their claims eight years from the date of the alleged malpractice. But if the child ends up disabled because of the negligence, parents can file until the child is 22 years old. As a parent, you can also file a claim for all the distress caused by your child’s injury.
Protect your rights
A birth injury can change your baby’s life and your own. If you believe medical negligence harmed your child, consult an attorney as soon as possible. Work with a lawyer who can handle all the legal aspects so you can fight for the resources you can use for your child’s care.