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$29 Million Illinois Birth Injury Lawsuit Upheld on Appeal

Our Chicago medical malpractice lawyers have continually explained how Illinois birth injuries are often the most damaging of all forms of medical errors. The sensitive nature of all childbirths make it especially vital for those involved in the process to act in a reasonable way each time that they work with a new family. There will always be problems that develop which could never have been prevented. However, on far too many occasions medical professionals fail to take steps that a prudent colleague would, often resulting in serious, life-long birth injuries or even death.

The Daily Herald recently explained how last year an Illinois medical malpractice trial was held involving a local child who suffered brain damage as a result of his doctor’s negligence. It was explained how prophylactic measures should have been taken before the birth to prevent the development of infection. Doctors should have caught the neonatal infection early on, because the obvious signs and symptoms of the problem were present. After a week-long trial the judge deciding the matter agree with the victim that the government doctors who handled the birth were negligent. A $29.1 million decision was rendered which will be needed to pay for the child’s care for the rest of his life. He was left with cerebral palsy, and he cannot walk, talk, or eat through his mouth.

As often happens in these cases, the defendant who was found liable appealed the decision. An appeal must be brought with specific grounds being alleged regarding mistakes of law in the first trial. In this case, the government argued that the statute of limitations had been violated, because the lawsuit was filed more than two years after the injury-which is the usual time limit on these sorts of cases. However, the appellate court rejected that argument, because the time limit did not begin to run until the family knew or had reason to know that the brain injury their son suffered had any connection to the defendants. This exception to the time limit requirement is usually known as the “Discovery Rule.”

Fortunately, in this case the family will not be barred from recovery because of the statute of limitations. However, many families continue to miss out on their fair, legal opportunity to seek redress for their losses because of their failure to timely contact professional help. It remains vital for all potential victims of medical errors not to sit on their rights. Two years following the injury is often the basic requirement for these personal injury suits in Illinois. However, different rules may apply in certain situations-such as this one involving the young child injured during birth.

Be sure to contact an Illinois medical malpractice attorney if you believe that you or a loved one may have suffered problems because of medical errors. There is nothing lost by talking with a legal professional to learn about how the law applies in your case. However, there may be much lost if you wait too long to take legal action. Consider giving out office a call or sending an online message to share your story and learn about your rights.

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