All personal injury and wrongful death claims are bound to a statute of limitations, which is the period of time after the injury or death during which a claimant is permitted to file a claim to seek monetary compensation for their damages. Statutes of limitation exist to protect parties involved in these claims from inaccurate or fraudulent allegations – as time progresses, witnesses’ memories can become blurred and it can become more difficult to provide accurate testimonies and injuries can heal, obscuring the source of the original injury and making it difficult or even impossible to tie the injury to a specific accident.

The statute of limitations for a claim varies depending on the type of claim, when the injury was diagnosed, and the age of the victim. If you are a parent or guardian whose child has suffered a birth injury, you may file your claim within eight years of your child’s injury. This is true of any medical malpractice claim on behalf of a minor victim. The statute of limitations for this type of claim is much longer than the statute of limitations imposed on adult victims of medical malpractice because in cases involving children, especially birth-related injuries, the effects of the physician’s negligence may not be apparent for months or even years after it occurs.

Examples of Birth Injuries

When a physician or another healthcare professional uses unnecessary force during birth or uses birth equipment improperly, his or her actions can cause a child to suffer a birth injury. Examples of birth injuries include:

• Erb’s palsy;

• Cerebral palsy;

• Shoulder dystocia;

• Injuries caused by the use of forceps or a vacuum extractor;

• Brachial plexus injuries; and

• Injuries due to the failure to order a cesarean section when medically necessary.

Certain injuries, such as cerebral palsy, might not be detecable until an infant becomes a toddler. Others are immediately present at birth, such as dislocated shoulders and injuries due to the misuse of medical equipment.

Work with an Experienced Chicago Birth Injury Lawyer

When you work with a medical malpractice lawyer from Baizer Kolar P.C., you work with our whole firm. We are a small, boutique firm committed to helping our clients get the compensation they deserve for their damages. To learn more about our firm and your options as a claimant, call us to set up your free legal consultation. We can answer any questions you have and guide you toward the next step in the medical malpractice claim process.