How Long Do Birth Injury Malpractice Cases Take in Illinois?

HM&M
1 day ago
2 min read

When a newborn or mother is harmed due to a preventable medical mistake during pregnancy, labor, or delivery, families may pursue a birth injury malpractice claim. These cases are often emotionally and medically complex—and one of the most common questions families ask is: How long will the process take?

While timelines can vary significantly based on the facts of each case, here's a step-by-step breakdown of how long a typical birth injury malpractice case might take in Illinois:

Phase 1: Initial Review and Expert Evaluation (1–3 Months)

The process begins with your attorney:

Gathering prenatal, delivery, and neonatal records
Reviewing maternal and fetal monitoring data
Consulting with OB-GYNs, neonatologists, or pediatric neurologists

Medical experts are required to determine whether a provider failed to meet the standard of care—and whether that breach led to the injury.

Phase 2: Filing the Complaint (1–2 Months)

If your case moves forward, your attorney will file a lawsuit. Illinois law requires an affidavit of merit, which includes:

A physician’s written statement supporting the claim of negligence
Documentation linking the malpractice to the birth injury

The lawsuit is served on the providers or institutions involved, such as doctors, nurses, hospitals, or delivery clinics.

Phase 3: Discovery Phase (12–24 Months)

Birth injury cases often involve extended discovery due to:

Multiple parties and complex timelines
Detailed birth records and expert medical reviews
Depositions of labor and delivery staff, specialists, and family members

This phase is crucial for establishing what went wrong and how it could have been prevented. Many cases settle at or after the discovery stage.

Phase 4: Settlement Negotiations or Mediation (2–6 Months)

Before going to trial, the parties may attempt to resolve the case through:

Informal negotiations
Court-ordered mediation
Structured settlement conferences

If a settlement is reached, the case ends here. If not, the case proceeds to trial.

Phase 5: Trial (1–3 Weeks in Court, Typically 2–4 Years After Filing)

Trial dates are scheduled based on the court’s calendar and the complexity of the case. Most trials:

Take place 2 to 4 years after the lawsuit is filed
Last 1 to 3 weeks, depending on the number of witnesses and legal arguments

Some cases may continue longer if appeals or post-trial motions are filed.

Factors That Can Extend the Timeline

Severe, permanent injuries that require detailed life care planning
Disputes over liability or causation
Multiple defendants or hospital systems involved
Need for multiple expert witnesses across specialties

Why These Cases Take Time

Birth injury cases require:

In-depth medical testimony
High financial stakes for long-term care
Emotional sensitivity and strong legal advocacy

While the process can feel long, families often secure significant compensation for:

Ongoing medical expenses
Therapies and assistive care
Lost future earnings
Pain and suffering

Speak With a Birth Injury Malpractice Attorney in Illinois

At Hurley McKenna & Mertz, P.C., we help families understand their options and fight for justice after preventable birth injuries. Whether your case involves cerebral palsy, shoulder dystocia, delayed C-section, or fetal monitoring failures, we’re here to guide you every step of the way.

Serving families in Chicago, Cook County, and across the state of Illinois.