Having a child is a joyous experience, but the joy comes with a certain amount of danger. Birth injuries for mothers and children are common, and some result in lifelong disabilities or even death. Many times, doctors and nurses are able to ensure that births go smoothly. But what happens when an injury results from carelessness or negligence? When does it rise to the level of medical malpractice? These questions are right for a personal injury lawyer in Mokena.
The Basis for a Medical Malpractice Lawsuit
To prevail in a lawsuit, your personal injury lawyer in Mokena will have to prove certain elements. These include:
- The standard of care. Your lawyer will have to document the normal standards expected from healthcare professionals.
- That the standard was not met. Then, the attorney will have to show that the doctor acted in ways that others would not.
- The severity of your injuries. Finally, the lawyer will have to show the extent of your (or your child’s) injuries and demonstrate that the harm resulted from the doctor’s deviation from the care standard.
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The Statute of Limitations
It’s crucial to note that the state of Illinois, like all other states, has a statute of limitations on medical malpractice claims. You have two years from the date of the event, or from when you should have known about the injury, to file a claim. Even if you were unaware of the injury, you only have four years afterward to file.
Get the Legal Help You Need
No amount of compensation can make up for a devastating injury to a mother or a baby. However, by filing a claim with the help of a personal injury lawyer in Mokena, you may get the money needed to care for your family after such an injury. Visit Block, Klukas, Manzella & Shell, P.C. to learn more or to schedule a consultation.