Birth injuries are unfortunately common in this country. As an illegal immigrant, you may wonder what recourse you have available. Fortunately, you are able to file a claim to recover medical bills and other expenses related to your child’s injuries. 

Understanding Child Birth Injury and Medical Malpractice

A birth injury is a physical injury that occurs during the labor and delivery process. 

Some common birth injuries are:

  • Cerebral palsy
  • Erb’s palsy
  • Brain damage
  • Bone fractures
  • Cephalohematoma
  • Facial nerve injuries
  • Caput succedaneum

Some common causes of birth injuries include: 

  • Delayed C-sections
  • Improper use of forceps or vacuum extractors
  • Misdiagnosis
  • Failure to monitor fetal distress
  • Medical errors during prenatal care, labor, delivery, or postnatal care

Undocumented Immigrants’ Legal Rights in Child Birth Injury Cases

As an illegal immigrant, you have rights written into the laws of this country to file a claim for your child’s birth injury. Everyone has the right to file a claim for their injuries. Here are some of the ways that the U.S. protects everyone’s ability to file a civil claim for medical bills, lost wages, and pain and suffering.

Equal Access to Justice

Many immigrants worry that any settlement that they may receive from a birth injury lawsuit would be limited. While your ability to recover certain types of damages, such as future lost wages and current lost earnings, might be more limited, you have equal access to justice. 

Federal and state laws in the United States, as well as the laws in many other countries, allow you to file a claim for medical bills, lost earnings, pain and suffering, and other damages. 

Protection Against Discrimination

There are federal laws in the United States that protect victims from discrimination, such as the Equal Protection Clause and Title VI of the Civil Rights Act. These laws specifically protect injury victims from being discriminated against based on their national origin or immigration status. 

Some states go further to protect people from other countries from discrimination. For example, in the state of Illinois, there are many protections for illegal aliens. This includes the Illinois TRUST Act, which prohibits local law enforcement from acting as enforcement officials, and the VOICES Act for victims of certain types of crime. 

Confidentiality Protections

There are privacy laws protecting an illegal immigrant in courtroom proceedings. Your immigration status is protected under attorney-client privilege, and the court can issue protective orders to prevent the disclosure of your immigration status during the claim process. 

Filing a Child Birth Injury Lawsuit as an Undocumented Immigrant

Anyone can file a birth injury lawsuit in the United States, regardless of immigration status. Even if you were simply traveling in the U.S. on vacation while you gave birth, you would be eligible to file a claim for medical bills, future lost wages, and other damages as a result of your child’s birth injury. 

Here are some general steps that you should take as an illegal alien when it comes to filing a birth injury lawsuit.

Consult a Birth Injury Attorney

The first step in filing a birth injury claim is to schedule a free consultation with medical malpractice lawyers. Ideally, you should work with an attorney who has experience working with clients who are in the country illegally. 

There are unique considerations when it comes to filing a lawsuit as an illegal immigrant, especially when it comes to protecting knowledge of your immigration status. For this reason, it’s important that you choose a law firm with experience working with illegal aliens. 

During your consultation, the attorney will evaluate your case and give you more information about your options. Not every case would do well in court, so your attorney can give you an idea if you can move forward.

Collect Evidence

One of the most important aspects of building your case is to collect evidence. Your attorney can obtain copies of medical bills and records from your prenatal care, labor, delivery, and afterward to be used as proof of what happened to your child. Other types of evidence that may be used as proof in your case include photographs, expert opinions, and witness statements.

File a Notice of Claim

In some states, you must file a notice of claim before suing medical providers. This notice informs the hospital or medical provider of the intent to file a lawsuit. For instance, if your child’s birth injury took place during delivery at a hospital, you would need to inform the hospital and the specific OB/GYN that you plan to sue them.

In Illinois, you must file a Notice of Intent that lets the medical provider know that you intend to sue them. Your attorney can take care of this for you.

Submit the Lawsuit

The next step is to file a medical malpractice lawsuit in either state or federal court. Most cases are filed in a local state court. Your birth injury lawyer will include damages for medical expenses, pain and suffering, and future care costs.

Challenges Undocumented Immigrants May Face When Filing a Birth Injury Claim

Many immigrants who are in the country illegally may be worried about their ability to file a civil case after their baby suffers a birth injury. In most cases, it is possible to file a claim for compensation even as an illegal immigrant. However, there are unique challenges that illegal immigrants may face when filing a birth injury claim that citizens may not experience. 

Fear of Deportation or Retaliation

As an illegal alien, you might fear deportation or retaliation for filing a claim in court. However, there is not much risk of deportation when filing a personal injury claim. The act of filing a claim for compensation in the court does not automatically lead to deportation proceedings. 

Your attorney can file your case in a way that is confidential. With attorney-client privilege, what you tell your attorney will not be shared.

Statute of Limitations

Every state has its own statute of limitations for personal injury claims. This is the amount of time that you have to file your claim with the court system. Once this time passes, you will no longer be able to file a claim for compensation. 

In Illinois, you have two years from the date of the injury to file your claim. This is not a lot of time for your attorney to do the research and build a case. Contact your lawyer so that they can start building your case as soon as possible. 

Language Barriers

If English is not your primary language, then you should consider a lawyer who can overcome language barriers. For this, you need to find a bilingual attorney who also speaks your primary language. It makes a big difference in how well you can communicate with your lawyer about your case. 

An alternative option is to find a legal aid organization that offers language or legal support. These organizations have the resources to provide or help you find services in your primary language, making it easier to participate in managing your case. 

Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24/7 to answer your call. 

We work on a contingency fee basis, so you do not have to pay anything upfront or out of pocket for our services. We are here to help you recover money for your child’s medical bills and ongoing needs, as well as wages you lost as a worker while taking care of their injury.