Years after suffering injuries, those harmed while receiving medical care in Chicago as infants may still have options to pursue compensation.
More than a decade after suffering injury during a medical procedure, a central Illinois teen was awarded compensation by a jury. When treating the girl for a choking episode in 2011, the pediatric surgeon caused a two-centimeter tear in the then 9-month-old’s esophagus, attempted to use an adult airway stent to cover the tear, and dropped and left the stent in the infant’s stomach.
If your child suffered harm due to medical negligence, he or she may need ongoing care. Call our pediatric healthcare malpractice lawyers at Smoler Law Office, 312-332-9800, to discuss your options.
Recovering Damages for Infant Medical Malpractice Cases
The children who are injured, as well as their families, may be entitled to economic and non-economic damages for harm caused by negligent healthcare providers. If they prove causation in a medical malpractice claim, victims may recover compensation for losses, including pain and suffering, and medical costs.
The teen in the Peoria County case was awarded more than $2 million by a jury. Due to the stent getting left, which is a never event in medical malpractice, she experienced feeding problems. She had to have a feeding tube.
Statute of Limitations for Infant Injury Claims
In Illinois, the time limit to file claims for negligence on the part of a medical provider is usually two years from the date of the injury. Filing outside that timeframe could cost injured patients the right to recover compensation. It may help to consult with a personal injury lawyer who can explain the time limits, and help determine who you can sue for malpractice.
Exceptions to the Time Limit
Exceptions exist to the statute of limitations in medical malpractice cases. For example, if the injury is not immediately apparent, the time limit to file may start when the injury is reasonably discovered. Likewise, the timeframe may also be tolled, or put on hold, in cases involving victims under the age of 18-years-old.
In the case of the teen who recently recovered a jury verdict in her birth injury case, she was under 18-years-old when the injury occurred. As such, the statute of limitations in her case was tolled.
To discuss your options if your baby was injured while receiving medical treatment, contact us today. Our attorneys at Smoler Law Office will explain your rights, and help determine the best path forward for your family.
