Illinois Statute of Limitations for Birth Injury

HM&M
Mar 28
2 min read

Birth injury occurs when a healthcare provider’s negligence during pregnancy, labor, delivery, or shortly after birth results in injury to the baby or mother. These injuries can be devastating and often involve long-term consequences. If your family is considering a medical malpractice claim related to a birth injury, it's critical to understand the time limits set by Illinois law.

Here's a step-by-step explanation of the statute of limitations for birth injury cases in Illinois:

Extended Deadline for Minors: Up to 8 Years

While injured adults usually must file their claims within two years of the date they discover their injury and that it was wrongfully caused, Illinois law provides an exception for minors injured at birth.

A child who suffers a birth injury, or other malpractice during the period of minority, has an extended statute of limitations. A child who suffers solely a physical injury — whether at birth or at some point prior to the child’s eighteenth birthday — generally has up to 8 years from the date of the malpractice to file a claim. However, the lawsuit must still be filed before the child's 22nd birthday — even if the 8-year period has not yet passed.

IMPORTANT! There is an exception for legal disability!

If a birth injury has resulted in brain damage or cognitive deficits which will prevent the person injured at birth from ever making personal or financial decisions--such as when the injured person has cerebral palsy due to a hypoxic-ischemic brain injury--the law considers the person “legally disabled.” A person who is legally disabled due to a birth injury is not subject to a statute of limitations, the legally disabled person’s parents or legal representatives may file suit on behalf of the injured person at any time.

Importance of Early Legal Action

Each case is different. Birth injury cases are highly complex and require expert medical testimony, thorough records analysis, and financial projections for long-term care. Delaying legal action could limit your ability to build a strong case or recover full compensation.

Speak With a Birth Injury Attorney in Illinois

At Hurley McKenna & Mertz, P.C., we advocate for children and families harmed by preventable birth injuries. Whether your case involves cerebral palsy, shoulder dystocia, brain damage, or maternal trauma, our team can assess your legal options and ensure you file within the required time limits.

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