My son was not diagnosed at birth,that he had cerebral palsy,at birth his right shoulder ,hand and leg was injured,can I sue .

Asked over 5 years ago - Chicago, IL

my question is what is the statue of limitations for someone born with a birth defect,and the hospital staff I feel was responsible,

Attorney answers (3)

  1. Okorie Okorocha

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You may have a case, you need to get to an attorney as soon as possible. How long ago did this happen?

    My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

  2. James Michael Kelley III

    Pro

    Contributor Level 4

    Answered . If you have any question about the mechanism of your childs injury and/or the quality of care provided you should contact an attorney to have the claim reviewed. This will involve obtaining the records for the delivery and your childs post birth records to determine the cause of any injury.

    Time is of the essence, and the statute of limitations is state specific so contact an attorney at your earliest chance.

  3. Paul Adams Lagnese

    Contributor Level 9

    Answered . I have handled many cases involving birth injuries and cerebral palsy and it is my understanding in Illinois that for a minor you have 8 years from the time of negligent acts to bring a lawsuit. Thus if your son is under 8 then you should not be barred by the statute of limitations. You need to contact a lawyer who has experience handling cases involving birth trauma, cerebral palsy and shoulder dystocia as they are complicated and difficult cases.

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