Something doesn’t seem right with your child, and you’re wondering if it traces back to their birth. Trust that instinct enough to look into it.
If a birth injury did happen, you likely have more time to act than you’d expect. Finding out what caused it starts with the right investigation. Here’s what our attorneys say, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say
Stephen D. Phillips — Senior Attorney
“If you suspect your child was injured during birth, you should hire a lawyer to investigate the claim. We’ll order the medical records and the radiology studies, look at them, and find out what we believe caused your child’s injuries. Sometimes it’s just an unfortunate event. There may be a genetic issue. Other times it’s the conduct of the health care providers.”
Terrence M. Quinn
“Yes, you can still file a lawsuit. The law is very flexible when it comes to time limits for filing on behalf of minors. You typically have more than two years from the discovery of the injury. But you need to consult a lawyer promptly. You don’t want to delay.”
Why an Investigation Comes First
You usually can’t tell on your own whether a birth injury was preventable.
That’s what the records are for. A lawyer orders the medical charts and the imaging, then has them reviewed by experts. The goal is to sort out which of three very different things happened: an unavoidable complication, a genetic condition, or a mistake by the providers. Only that last one is malpractice, and only a records review tells you which you’re facing. Our Chicago birth injury lawyers work with our medical malpractice team to run exactly this kind of review.
The Clock Is Longer for Children, But It Still Runs
As Terrence explains, Illinois gives extra time when the injured person is a child.
The deadline generally runs from when the injury is discovered, not just the date of birth. That’s why a problem noticed years later can still be worth pursuing. Even so, “more time” is not “unlimited time.” Evidence gets harder to gather as the years pass, and firm outer limits still apply. The sooner a lawyer reviews it, the stronger the case tends to be.
Talk to a Chicago Birth Injury Lawyer
If something about your child’s birth doesn’t sit right, let us take a look. A records review can tell you whether there’s a case, usually at no cost and no obligation.
Call (312) 346-4262 for a free consultation. You pay nothing unless we win.
Frequently Asked Questions
How long do I have to file a birth injury claim in Illinois?
Longer than for an adult injury, because the person harmed is a child. The clock often runs from when the injury is discovered, not the date of birth. But firm deadlines still apply, so it’s best to consult a lawyer promptly.
What if I didn’t notice the injury until years later?
You may still have a claim. Illinois generally measures the deadline for a child from the discovery of the injury, which is why delayed diagnoses can still be actionable. A lawyer can tell you where you stand.
How do I know if it was malpractice or just bad luck?
You often can’t, not without the records. An attorney has the medical charts and imaging reviewed to determine whether a provider’s mistake caused the harm or whether it was unavoidable.
