As a parent, the thought of your child being injured or killed in an accident is probably one of the worst thoughts that could cross your mind. The thought of your child being injured or killed in an accident due to a doctor’s negligence is likely even more disturbing because we place so much trust in our physicians and other healthcare professionals. But the reality is that it is possible for your child to be injured or suffer a worsened medical condition due to a healthcare provider’s negligence. In a case like this, you can seek compensation for your child’s damages on his or her behalf through a medical malpractice claim.
Minors cannot file medical malpractice claims for themselves. As a parent or legal guardian, this is your responsibility if your child is injured. To learn more about seeking compensation on behalf of a minor, speak with an experienced medical malpractice attorney.
Birth Injuries and Birth Defects
Often, medical malpractice claims involving minors are for birth injuries, injuries suffered at the time of an infant’s birth due to the misuse of medical equipment or rough handling during birth. Sometimes, these injuries and defects are attributed to the physician’s failure to diagnose a health condition with the mother or the child before birth or the physician’s failure to respond to signs of fetal distress.
A few examples of birth injuries that can occur as a result of medical malpractice include:
Swelling and bruising;
Fetal lacerations; and
Spinal cord injuries.
The Statute of Limitations for a Medical Malpractice Claim on Behalf of a Minor
The statute of limitations for filing a medical malpractice claim on behalf of a minor is eight years in Illinois. However, there is more to this. If the child is permanently disabled, there is no statue of limitations. This is because in Illinois, the statute of limitations begins to “run” on the day the victim is no longer disabled by his or her injury.
It is also important to note that the statute of limitations begins to run on the day that the victim, or in the case of a minor, the victim’s parent, discovers that an injury has occurred. Sometimes, this is the same day that the injury occurs and in other cases, an injury is not discovered for months or even years after it occurs.
One final item to note when discussing medical malpractice claims for minors is that a claim on a minor’s behalf, unless the victim is permanently disabled, must be filed before his or her 22nd birthday.
Work with an Experienced Illinois Medical Malpractice Attorney
If your child has suffered an injury or a worsened condition as the result of medical malpractice, whether that malpractice occurred at his or her birth or later in life, consider seeking compensation for his or her damages through a medical malpractice claim. As a parent, you are your child’s advocate. Be an effective advocate by working with an experienced medical malpractice attorney from Baizer Kolar P.C. to file and pursue a medical malpractice claim. Contact our firm today to set up your free legal consultation with us.