Chicago Birth Injury Lawyers took note of a recent medical malpractice settlement on behalf of the mother of a child born mentally disabled and prone to seizures. The mother filed the Chicago birth injury lawsuit against University of Chicago Medical Center, alleging that the hospital failed to deliver her daughter without delay, despite the fetal heart rate showing steady decline. Eventually, a Caesarean section delivery was performed.
The plaintiff alleged that the Caesarean should have been ordered at least 35 minutes earlier. The lawsuit also alleged that the delivery took too long.
As a result, the child suffered brain damage due to a lack of oxygen, or acute hypoxia. Now 18 years old, the child has serious mental disabilities.
On a procedural note, the Illinois statute of limitations did not apply because of the statute’s “tolling” provision for mental disabilities — the clock does not start ticking until the disability is removed. Here, the mental disability is permanent.
