Birth Injuries in Illinois – Statute of Limitation and Other Important Facts
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One of the most joyful experiences in life is to experience the birth of a child. After months of anticipation, the moment of birth is a miracle.
Most babies are delivered in a hospital, usually by a doctor and sometimes by a midwife, or CNM (Certified Nurse-Midwife). In the U.S. about 8% of babies are delivered by CNM but the number varies by state. In New Mexico, 24% of babies are brought into world by midwives.
Sometimes the joy of birth turns to despair as babies are delivered with birth defects or are injured during the delivery. Most often the injuries are caused by accident, but sometimes it is by negligence or malpractice, and when this happens it is important to protect the rights of the child and the parent(s).
Of every 1,000 infants born in the United States, 6 to 8 of them are born with a birth injury. That means that approximately 1 in every 9,714 people in the U.S. are born with a birth injury.
According to the National Healthcare Quality Report (AHRQ), around 6.68 of every 1,000 birth injuries in the year 2000, in the United States, occurred to male infants, whereas 5.08 of every 1,000 birth injuries happened to female infants. In the same year, 4.33 out of every 1,000 birth traumas occurred in for-profit, private hospitals and 7.15 out of every 1,000 birth traumas occurred at private, non-profit hospitals.
The only number that matters when it is your child who is injured during or immediately after delivery is 1 – your baby. If this happens it us very important to be aware of and note the facts, the persons involved, and the circumstances of the incident. It can be a very confusing and frustrating time, trying to determine what to do. As with most things in life, it’s best to look to an expert.
If it appears that the birth injury was caused by negligence or malpractice on the part of a medical professional, then it will be necessary to file a claim for medical malpractice. Medical malpractice claims, like every cause of action, have a statute of limitations. A claim cannot be filed after the statute of limitations has passed. Considering what is at stake in a case involving a birth injury, it is crucial to understand the statute of limitations.
However, in the case of birth injuries, the statute of limitations is eight years. According to 735 Ill. Comp. Stat. Ann. § 5/13-212(b), a medical malpractice action cannot “be brought more than 8 years . . . where the person entitled to bring the action was, at the time the cause of action accrued, under the age of 18 years; provided, however, that in no event may the cause of action be brought after the person’s 22nd birthday.”
Stated simply, it’s still confusing. MalpracticeAttorneys.com understands that this is a terribly emotional and confusing experience for anyone to endure, which is why we have partnered with the finest birth injury malpractice attorneys in the country to assist you, answer your questions, and take action to protect your rights if necessary.
Register at our site, and give us some basic information. A qualified attorney will respond promptly to your inquiry and contact you.