Birth Injury: What Families Can Check in Illinois

Illinois medical malpractice claims must be filed within two years of the date the claimant knew or reasonably should have known of the injury and its malpractice cause, and never more than four years after the act or omission (735 ILCS 5/13-212(a)). If the injured person was under 18 when the claim arose, the action must be brought within 8 years of the act or omission, and never after the person's 22nd birthday (735 ILCS 5/13-212(b)).

Illinois has no enforceable cap on medical malpractice damages.

Illinois obstetric malpractice litigation frequently targets major Chicago-area health systems—Northwestern Memorial, Rush University Medical Center, Advocate Health, and University of Chicago Medicine—as well as community hospitals in the collar counties. Common case theories include failure to recognize prolonged variable or late decelerations, delayed emergency C-section in cases of placental abruption or umbilical cord prolapse, and improper administration of oxytocin leading to uterine hyperstimulation and fetal hypoxia.