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When do birth injuries amount to medical malpractice?

On Behalf of | Oct 12, 2021 | Medical Malpractice |

Giving birth to a child is an indescribably joyous experience, but it comes with its fair share of danger as well. Birth injuries for both the mother and the child are all too common, and sometimes they can result in permanent, lifelong disabilities or death.

Most of the time, doctors and other medical staff do their best to make sure that the birth goes smoothly. But what about the times when a birth injury results from negligence or carelessness? When does it create the grounds for a medical malpractice lawsuit?

The standard for medical malpractice lawsuits

In order to be successful in a medical malpractice lawsuit, your attorney will have to prove a few different elements in court.

First of all, your attorney will have to prove what is considered the normal standard of care that we expect from health care professionals. Then, they will have to show how your doctor deviated from this standard of care. In other words, they will have to prove that your doctor acted in a way that the average well-credentialed doctor would never act. This can be done, for example, through the use of expert witnesses.

Finally, your attorney will have to prove the extent of your injury (or your baby’s injury), and show that the injury was the direct result of your doctor’s deviation from the standard of care.

Statutes of limitations

It’s important to note that Illinois has a statute of limitations for medical malpractice lawsuits. A statute of limitations is a time limit for taking a certain legal action.

You have two years from the date of the injury, or from the date that you reasonably should have become aware of the injury, to initiate a lawsuit against a doctor. Even if you didn’t know about the injury, you can’t bring a malpractice suit more than four years after the injury.

No amount of money can truly make up for your injury or that of your sweet baby. But by bringing a medical malpractice lawsuit against the medical staff responsible, you could recover what you need to care for your child after their tragic injury.