Birth injury claims are an unfortunately common category of medical malpractice in Illinois and elsewhere, impacting about 7 out of every 1,000 live births in the United States. But what if a birth injury goes undetected for many years? In some cases, a child’s milestone delays or other symptoms may be overlooked or misdiagnosed as other conditions. Often, parents or the birth injury victim asks, “Can a birth injury be diagnosed years later, and if so, when is it too late to file a birth injury claim?”

In the event your child has suffered a birth injury, contact our Chicago birth injury attorney today for a free consultation.

Why Some Birth Injuries Aren’t Immediately Diagnosed

Medical professionals define a birth injury as any accidental impairment caused to a neonate (infant) right before birth, during the birthing process, or in the moments immediately after birth. Some birth injuries are immediately apparent, such as those that result in respiratory distress, cause an infant to require resuscitation, or leave marks, such as forceps injuries on a baby’s scalp.

However, some types of birth injuries are subtle and may not present clear symptoms for months or years after the birth. Common reasons a birth injury may remain undetected for some time include the following:

  • Mild symptoms can be misconstrued as normal fussiness, feeding problems, or normal infant sleepiness
  • Imaging tests and other diagnostic tests aren’t always performed if the birth appears unremarkable
  • Mild brain injuries aren’t visible at birth and may not impact a child until they show delays in walking or talking
  • Cerebral palsy frequently remains undiagnosed until a child reaches two or three years old, when they may have trouble mastering more complex motor skills
  • Children sometimes “work around” muscle weaknesses, such as brachial plexus birth injuries or low muscle tone, making it difficult to detect subtle symptoms
  • When a birth injury causes mild cognitive impairment, it may not be noticeable until a child struggles to remain on grade level in school

Even a short period of oxygen deprivation can have an adverse impact on an infant’s brain, with symptoms presenting later in childhood. Some cases of mild cerebral palsy may remain undiagnosed until adulthood. This happens when parents, caregivers, and teachers assume it’s just a child’s natural “clumsiness” or uncoordination.

Is There a Statute of Limitations on Birth Injury Claims In Illinois?

All states impose time limits or statutes of limitations on medical malpractice claims, including birth injury claims. This time limit helps ensure that evidence is still available in the case and that eyewitness testimony remains reliable. It also protects doctors and hospitals from the indefinite threat of a lawsuit.

While typical medical malpractice claims have a two-year statute of limitations in Illinois, birth injury claims have an extended time limit due to the common delay in discovery. Under Illinois 735 ILCS 5/13-212(b), parents have up to eight years after a child’s birth to file a claim, or up two eight years after the birth injury is discovered or should reasonably have been discovered.

No parent or child may file a birth injury claim in Illinois after the child turns 22 years old, unless the child suffered a permanent disability. Illinois indefinitely tolls or extends the statute of limitations for birth injury victims with permanent disability. Reach out to our personal injury attorney in Chicago for assistance.

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