How Illinois Medical Malpractice Laws Affect Birth Injury Claims
Every parent who goes through a pregnancy does so with a mix of anticipated joy and anxiety. They can’t wait to bring the baby into the world to start a family, but they’re also worried about the baby and the mother’s health throughout the pregnancy and delivery.
There’s good reason to be concerned.
Even with all the prenatal support available, there can still be complications. The worst-case scenario is if a medical professional’s negligence causes an injury.
When there is a complication during the birthing process that leads to harm, there might be an actionable medical malpractice claim to consider. Although you might be overwhelmed at the moment, you need to think about the future and the impact of rising medical bills.
An experienced Chicago medical malpractice lawyer would be in the best position to provide you with the options for moving forward. That will mean navigating through Illinois medical malpractice laws. It can be complicated, but achievable with a strong legal advocate.
The Legal Framework for Illinois Birth Injury Claims
In Illinois, birth injury claims would fall under Illinois medical malpractice laws.
These are typically more complex than a general personal injury claim. In order to prevail in a birth injury claim, you need to prove by a preponderance of the evidence that there was a duty of care owed by the medical team to the mother and child. You also have to establish the specific breach of that duty that directly caused the injury. Finally, you need to calculate the entity of compensable damages.
There are other legal elements to consider in a birth injury claim:
Cause of Action
A birth injury can frequently involve long-term chronic conditions such as:
- Cerebral palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Brain injuries
- Nerve damage
- Developmental delays
You need to identify the negligent action. That can include any of the following:
- Failure to monitor fetal distress
- Delayed emergency cesarean section
- Improper use of forceps or vacuum extraction during delivery
- Medication errors during labor and delivery
- Failure to address oxygen deprivation
- Neonatal malpractice involving improper post-delivery care
It is also vital to identify who might be held liable for the birth injury. At-fault parties may include obstetricians, nurses, anesthesiologists, and the hospital where the injury occurred.
Illinois law requires a detailed Certificate of Merit or Affidavit of Merit that establishes the foundation for a medical malpractice claim. Because these injuries may require lifelong medical care, Illinois courts allow families to pursue significant compensation when negligence is proven.
While this legal framework might seem intimidating, an experienced birth injury lawyer will be able to explain how it applies to your claim and what the best course of action might be to move forward.
The Role of the Affidavit of Merit in Illinois Law
Since a birth injury claim would be considered a medical malpractice issue, parents must obtain an Affidavit of Merit before proceeding with their case.
As detailed in Illinois law 735 ILCS 5/2-622, this affidavit is a mandatory legal document that presents the findings of a qualified health practitioner. That professional will have reviewed the evidence and affirm that there is “reasonable and meritorious” cause to move forward with the litigation.
The Affidavit of Merit must be either filed along with the complaint or within 60 to 120 days of the filing. The purpose of law is to prevent frivolous lawsuits.
However, having the affidavit on record establishes a strong foundation for building a case.
Recoverable Damages and the Absence of Statutory Caps
Parents of a child who suffered a birth injury due to negligence are entitled to seek restitution from the at-fault parties.
Unlike other states, Illinois law does not limit the amount of non-economic damages a jury can award in birth injury medical malpractice cases. Those caps were once in place but were struck down by the Illinois Supreme Court in a 2010 case that overturned a 2005 law that set noneconomic damages at $500,000 for doctors and $1,000,000 for hospitals.
Overall, parents are entitled to seek the following damages:
Economic Damages
These cover all tangible, calculated costs, including past and future medical expenses such as surgeries, therapy, and medication. There might also be lifelong care costs, such as nursing care, home modifications, and assistive devices. Finally, the parents can ask for lost earning capacity if the injury would prevent the child from working in the future.
Noneconomic Damages
These cover intangible losses, including the emotional pain, suffering, and anguish that the birth injury generated.
Punitive Damages
These can be awarded by a jury if the medical professional’s actions were exceptionally negligent or intentional.
You’ll work closely with your attorney to calculate the entire scope of damages. Once you agree to a settlement, you won’t be able to file for additional funds. That’s why the numbers have to be right.
How Shared Fault Rules Apply to Malpractice Cases
Illinois follows a modified comparative negligence system. This means compensation may be reduced if it can be established that the mother was partially at fault for the injuries.
For instance, the insurance company might argue the following:
- The mother failed to follow medical advice
- Prenatal appointments were missed
- Preexisting conditions contributed to complications
Even if some of those assertions can be proven, the parents are still entitled to seek compensation provided the mother is less than 50% responsible. Being assigned partial fault may reduce the final settlement amount by the assigned percentage. That rule shouldn’t discourage you from seeking the maximum amount allowed.
Speak with an Illinois Birth Injury Lawyer Today
A birth injury can have a significant impact on a child’s life and a family’s future.
The Illinois medical malpractice laws might seem to be put in place to protect the medical professionals. In a sense, they are, but that doesn’t mean parents whose baby suffered injury through negligence shouldn’t seek a remedy. It will just mean involving an experienced legal advocate, like the ones you’ll find here at Thomas Law Offices.
When we agree to take on a birth injury claim, it’s because we have confidence that a wrongful act was committed and the family should be compensated.
We also understand the emotional toll these injuries can place on a family, along with the stress of the financial burdens. That is why we want to move swiftly to seek the compensation our clients are entitled to.
If you suspect that negligence contributed to your child’s birth injury, you should not wait to discuss your legal options. Contact Thomas Law Offices today to schedule a free case evaluation.
Let’s talk about how we can help protect your family’s future.
