Any injury can be difficult to deal with, but the matter may be made much more complex and emotionally devastating when the issue at hand is a birth injury. Though it cannot reverse the injury or its physical consequences, a personal injury attorney could help those who are affected by one seek legal recourse.
If you or your child were injured during childbirth due to a doctor’s negligent or malpractice, contact an experienced Cicero birth injury lawyer who could guide you through the legal process and help you and your family pursue the compensation you deserve.
Medical Malpractice Claims in Cicero
Birth injury claims often go hand-in-hand with medical malpractice claims, as many injuries to newborn infants result from a medical practitioner failing to exercise due care. According to Illinois law, bringing a medical malpractice claim requires the injured person to have a report from another physician that affirms a breach of duty occurred. In other words, parents seeking to sue a healthcare provider for errors in the birthing process must contact another doctor qualified to confirm that the defendants did in fact fail to meet the standards of medical care.
This type of testimony is called expert testimony, and it can be difficult to find such an expert who is willing to go on record speaking out against another doctor or hospital. Fortunately, experienced Cicero birth injury lawyers may have the connections necessary to help the family find a willing expert who could help ensure that justice is served.
Identifying Fault in a Birth Injury Case
To a layperson, it could be difficult to tell if birth injuries are the result of medical malpractice or negligence, and it often takes a trained eye to spot the hospital’s mistakes. Some problems that arise after birth are actually birth defects, which is a category of injury that naturally occurs and for which no one person is responsible.
Some examples of birth injuries that may result from medical negligence include cerebral palsy, the wrongful death of a mother or infant, uterine ruptures, mistakes during the course of a C-section birth, and Erb’s palsy. A skilled birth injury lawyer in Cicero could help you determine whether you or your child suffered from a birth injury or a birth defect and, in the former case, identify your options for legal restitution.
Special Rule on the Statute of Limitations for Birth Injuries
Most personal injury claims, including other medical malpractice claims, have a two-year statute of limitations in Illinois. However, birth injuries have an extended statute of limitations that lasts up to eight years from the date of the initial injury to the child. This means that families have up to eight years after a birth injury occurs to file a claim in court before they risk losing the legal right to receive compensation.
Birth injuries often affect the afflicted child—and require expensive care—for the rest of their lives, so it is important to file the appropriate paperwork within the deadline so that families can pursue much-needed monetary compensation. For help meeting the statute of limitations, families should get in touch with a skilled Cicero birth injury lawyer as soon as possible.
Contacting a Cicero Birth Injury Attorney for Assistance
If you or your child experience an injury during the birthing process, you may be entitled to significant compensation if the doctor who provided you care was to blame. A knowledgeable and compassionate Cicero birth injury lawyer may be able to help steer your case in the right direction by bringing in medical experts for professional opinions on your case.
An attorney could also bring in other expert witnesses to attest to the monetary value of the damages you suffered and ensure that all necessary paperwork is filed before their deadlines. The sooner you have professional legal counsel on your case, the sooner you could focus on your family and rest assured that your case is being handled appropriately.
