What Is the Statute of Limitations on a Birth Injury Claim in Illinois?
Illinois law recognizes that the extent of a birth injury is often not fully realized until a child nears school age. The Illinois medical malpractice statute of limitations, which you can find at 735 ILCS section 5/13-212(a), states that the statute of limitations is 8 years after a child’s birth to file a birth injury claim for damages.
Oxygen Deprivation May Be Attributed to Medical Malpractice
Birth injuries due to hypoxia are often preventable. Labor and delivery staff are expected to closely monitor the baby’s heart rate and take swift action if there are signs that the baby’s health is in danger. If labor and delivery professionals are negligent and fail to meet the medical standard of care, causing significant injury and damages to a baby, they can be sued for medical malpractice....