IL medical malpractice law

Much more information would be required to answer this question--you should consult with an attorney would handles personal injury and medical malpratice--they usually don't charge to discuss.

Mr. LaSorsa is right- a medical malpractice lawyer would need much more information in order to answer your question. In general, a successful medical malpractice case requires the proof of two distinct things--1) that the health care provider made a significant medical mistake and 2) that the outcome would likely have been different if the mistake hadn't been made. It sounds like one of the issues in your son's case would be whether something could have been done to make the effects of the genetic disease less significant if your wife's doctor had recognized the problem sooner. The only way to find out the answer to this is for you and your wife to consult with a qualified medical malpractice lawyer right away. Statute of limitations issues for cases involving infants in Illinois are difficult and I would need to know more to give you an opinion on when the statute of limitations will run. Nevertheless, I can tell you that if you are interested in going forward with this, you need to talk to a med mal lawyer quickly.

I no longer practice in Illinois so the information that I am providing is for educational purposes only.

The question does not provide enough information to provide a detailed answer. It appears that the ultrasound showed some type of deformity when your wife was pregnant. The facts do not suggest that the doctors were negligent in causing the condition. The issue is whether the pregnancy would have been terminated if you discovered the rare genetic disease at that time. The type of case is called a wrongful life case. Florida allows such a claim. Indiana does not. I do not know where Illinois stands on the issue today.

Good luck