Differences Between a Defect and an Injury
Some babies are born with underlying health issues. Physical abnormalities, such as a cleft lip, may be immediately apparent, while others, like congenital heart defects, can be less obvious. Doctors can sometimes correct these birth defects with surgery or treatment, but they usually occur because the infant’s body did not fully develop during pregnancy.
Birth injuries differ because they occur during childbirth. Even babies who have developed normally in utero could suffer a birth injury, and mothers are also susceptible to harm after they go into labor. Common types of injuries include:
- Cerebral palsy, which occurs due to a lack of oxygen to the brain during birth
- Physical injuries, such as broken bones or nerve damage
While there are several types of birth injuries, many of them can have lifelong consequences.
Birth defects often result from environmental or genetic factors. In contrast, birth injuries are usually due to medical malpractice, negligence, errors, or inadequate care. As such, the doctor, nurse, anesthesiologist, hospital staff, or any other medical professional involved in the child’s birth could be responsible for causing the harm.
Unlike with a defect, families of birth injury victims may be able to file a claim against the responsible party. However, the process can be complicated due to the number of people involved. Our experienced proactive Chicago attorneys can examine medical records, hospital procedures, and expert testimony to help determine the party responsible for causing harm during your childbirth.
Legal Remedies and Time Limit To File
Birth injuries could result in long-lasting complications, and some children may require special care for the rest of their lives. That is why families need to seek financial compensation from the party responsible. Recoverable damages may include, but are not limited to:
- Current and future costs for medical treatment
- Physical therapy
- The loss of the child’s earning potential
- Emotional distress
In some cases, a court may award punitive damages if the conduct that caused the harm was egregious or grossly negligent.
Birth injury claims are a type of medical malpractice claim. Like other states, Illinois has a time limit for filing a claim in court, known as the statute of limitations. For most personal injury claims, this time limit is two years after the date the injury occurred. However, it can sometimes take several years to notice the effects of an injury that occurred during childbirth, so state law allows an eight-year window to file a claim.
In some circumstances, the court could extend this time limit beyond eight years, depending on the nature of the victim’s injuries. It is imperative for Chicago families affected by birth injuries to reach out to an attorney as soon as possible to learn what factors may affect the statute of limitations for their claim.
Talk To a Chicago Attorney About Your Birth Injury
If you believe that a medical professional caused you or your child harm, a Chicago birth injury lawyer at Kaveny + Kroll can provide guidance on your legal options. You and your family may be able to seek financial compensation to help manage the hardships.
Your chances of recovery increase with a devoted attorney advocating for you throughout the legal process. Call Kaveny + Kroll to schedule a free, confidential consultation and learn more about your legal rights and options.
