Can I Recover Non-Economic Damages for a Birth Injury in Illinois?

 Posted on August 17, 2021 in Birth Injury

While birth injuries to a mother or child do sometimes happen, many of these injuries are preventable. Doctors and other healthcare providers have a duty to provide reasonable care based on their patients’ needs, and when they fail to uphold that duty, a patient can file a medical malpractice claim for any resulting injuries and damages.

If there is evidence of medical negligence in connection with any injuries you or your child suffered during the birthing process, you can pursue compensation for the costs of the necessary medical care and treatment for these injuries. However, these are not the only damages that you may be able to recover. Depending on the nature and effects of the injuries, you could have a claim for lost wages and non-economic damages like pain and suffering.

Understanding Lost Wages and Pain and Suffering Damages

Injury victims may recover damages for lost wages when the effects of their injuries prevent them from working and earning income at full capacity. For example, a person may miss time at work during their recovery, or a disabling injury may entirely prevent them from working in the future.

Non-economic pain and suffering damages may be available when a person’s injuries affect their life in ways that do not have a clear monetary impact. For example, incapacitating injuries can interfere with a person’s abilities to perform basic tasks on a daily basis, to participate in activities they enjoy, or to maintain meaningful relationships.

Recovering Damages for Maternal Injuries

If you were injured due to medical negligence while giving birth to your child, the effects of your injuries may be obvious almost immediately. Your injuries may prevent you from returning to work as planned after your pregnancy, or from seeking employment in the future. Your injuries could also result in persistent or chronic pain, or ongoing complications that interfere with your life. An attorney can help you understand the full extent of your recoverable damages and file a claim within Illinois’s two-year statute of limitations for cases involving medical negligence.

Recovering Damages for Injuries to a Child

If your child has suffered a birth injury, the full extent of the effects may be much less immediately apparent. For example, a condition like cerebral palsy has a wide range of outcomes, many of which are not clear until the child gets older and begins to develop. It is important to closely monitor your child’s abilities as they grow up to better understand how their condition will continue to affect their life and their work abilities. Fortunately, there is a longer statute of limitations when a child is injured due to medical negligence. You have up to eight years from the date of the injuries to file a claim on behalf of your child, allowing you to consider the appropriate amount of damages to pursue for future lost wages and pain and suffering.

Contact an Illinois Birth Injury Attorney

The thought of pursuing a medical negligence claim may be overwhelming, but in some cases, it is the best option to ensure that you have the financial resources you need to provide for your care or that of your child. At the Birth Injury Law Alliance, Ltd., we can review your case and help you understand your options, and we will handle the complicated legal matters related to your pursuit of compensation. Call us today at 312-462-4200 for a free consultation with a Chicago birth injury lawyer.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102300000&SeqEnd=105700000