Visitor Question

Birth Injury Due to MD Refusing a C-section…

Submitted By: Emily (Oak Lawn, IL, U.S.A.)

When I was born, the nerves and muscles in my right shoulder were severed resulting in Brachial Plexus Birth Palsy. The injury could have been prevented by a C-Section but the delivering doctor (who wasn’t my mother’s primary doctor) refused to perform one.

My parents never filed suit on my behalf, and this injury has affected every day of my life. I am now 20 years old and was just given all of the medical bills that my parents kept from the first four years of my life. I was wondering if I still had a suit or if the statute of limitations was up? Is there anything I can do about my situation? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Emily,

Unfortunately the Statute of Limitations in the State of Illinois is two years.

There is a chance if you only recently discovered the complexity of the issues, as well as the medical records, you can possibly file suit. That would have to be done within two years from the date of your 18th birthday. For many civil matters the 18th birthday of an individual becomes the date the Statue of Limitations may begin to run.

Contact several personal injury attorneys. You want to find those who have substantial experience in medical malpractice cases. Most will not charge any fee for an initial office consultation.

At the time of your visit be sure to have with you all the medical records and other information in any way related to your injuries. That will afford the attorneys easy access to the material. Doing so will enable them to give you a clearer picture of your rights and chances of recovery.

If one of the attorneys decides to accept your case you will not have to pay any legal fees until and unless the attorney either wins your case at trial or settles out of court.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 27, 2012

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