Cerebral palsy is a lifelong disability caused by birth complications, lack of oxygen in the womb, or trauma in utero or shortly after a child is born.
When a child suffers from cerebral palsy (CP), it is natural for the family to have questions and want to determine whether the CP was an accident or a medical error, and the right Chicago cerebral palsy lawyer can help.
The personal injury attorneys at Rosenfeld Personal Injury Lawyers, LLC, are here to help. An experienced cerebral palsy lawyer from our firm will work to ensure you receive financial compensation for your losses and damages.
Contact a birth injury lawyer at (888) 424-5757 (toll-free phone number) or use the contact form for immediate legal advice or to schedule a free consultation to pursue legal action.
All confidential or sensitive information you share with our experienced Chicago lawyer remains private through an attorney-client relationship.
What Is Cerebral Palsy?
Cerebral palsy (CP) [1] is a group of neurological disorders usually caused by cerebral abnormalities early in a child’s life or during birth delivery.
The disorder in a critical area of the cerebrum and cerebellum affects muscle coordination, body movement milestones, and functioning. Unfortunately, most birthing injury victims born with CP may not display signs until months or years later.
Types of Cerebral Palsy
There are multiple forms of cerebral palsy (CP), each with distinctive characteristics, and it is possible to have mixed-type CP, with spastic CP being the most common:
Spastic cerebral palsy:
Muscle stiffness with a jerky movement
Athetoid cerebral palsy:
Difficulty controlling movement and involuntary movements, writhing
Ataxic cerebral palsy:
Poor balance and coordination
Hemiplegic cerebral palsy: [2]
Use of only one side of the body
Our injury attorneys can assist in securing compensation for your child’s needs. We offer legal help and years of extensive experience in litigating birthing injury lawsuits.
Types of Medical Negligence That Can Result in Childbirth Trauma and CP
While medical errors [3] are not always one of the primary causes of CP, it is essential to note that around 10% of medical malpractice claims have been linked to medical negligence.
Our attorneys commonly see the medical professional and hospital staff’s negligence harming the child, such as –
- Improper monitoring of fetal vital signs throughout the pregnancy to detect abnormalities, mutations, infections, or other risk factors that may place the child at risk of developing brain damage, neurological disorders, and common motor disabilities
- Failure to properly monitor the heart rates of both mother and child during the labor and delivery process to detect signs of fetal distress. If the baby exhibits an abnormal heart rate, it is a symptom of reduced blood or oxygen deprivation, causing a brain injury
- Improper use of birth-assisting tools
A cerebral palsy attorney can help you file a lawsuit if you believe your child’s injury was caused by medical malpractice.
Non-Progressive Consequences of Cerebral Palsy in Adults
A study was done to understand the health of adults with CP. The study occurred in Baghdad, Iraq, and examined patient records and the health of 50 young adult men with CP.
The study found that 34% of the cases had problems during pregnancy, and 28% had kernicterus, the most common cause. About 32% of the patients had a type of CP called spastic hemiplegia.
The study found that people with CP often had other health issues, like muscle and bone problems, epilepsy [4], learning difficulties, speech problems requiring speech therapy, bladder issues, and vision problems.
The study showed that adults with CP have a higher risk of developing other health problems that can worsen their quality of life. Understanding the many factors affecting a child’s brain and health is essential to help them grow older.
Could Medical Malpractice Have Caused My Child’s Cerebral Palsy?
Many CP cases, including those linked to cerebrum damage, are linked to a child’s injuries sustained during pregnancy, labor, and delivery.
CP related to medical malpractice [5] is primarily the outcome of the failure of medical professionals to detect or timely act upon birth injuries that cause brain damage during labor and delivery.
Most children who have cerebral palsy are affected by the condition for life. They require ongoing care, such as occupational therapy, with extensive future medical expenses to treat their symptoms.
Do you need help with a cerebral palsy case? You may consider hiring a professional Illinois lawyer from our law office.
Cerebral Palsy Cases
As many people who develop cerebral palsy experience lifelong disabilities, CP legal cases have considerable value. A cerebral palsy lawyer from our law office offers legal options in the best interests of an individual with cerebral palsy and their families.
Below are some examples of lucrative negotiated Illinois settlements:
$9 Million Settlement
- Healthcare providers induced labor at 38 weeks of pregnancy due to the mother’s high blood pressure.
- Healthcare professionals administered Cytotec four times. [6]
- The result was that the infant’s heart rate slowed down.
- The child was born with acidosis caused by severe cerebral palsy, affecting the child’s ability to perform motor skills.
- The permanent condition required lifetime medical care and a device to speak for the child.
- Birth injury lawyers presented evidence from medical experts showing that the child’s condition would have substantial long-term medical needs, loss of income for the family, pain, and other economic and non-economic damages.
$5 Million Settlement
- A birthing injury case where physicians waited too long to perform a cesarean section (C-section).
- Pregnancy was several weeks overdue, and the fetus was already nine pounds.
- The child was born with a seizure disorder [7], CP, and other medical conditions.
- By 16, she had the mental development of an eight-year-old.
- The victim filed a malpractice lawsuit against the doctor and hospital.
- Financial compensation was awarded for her care costs, reduced quality of life, loss of income, and pain.
$10 Million Settlement
- Medical malpractice lawsuit against the doctor and other medical professionals for breach of care duties.
- Meningitis [8] and CP were diagnosed in twins born at twenty-seven weeks.
- One twin showed signs of an infection and was effectively treated.
- The other child wasn’t checked for infections and suffered permanent brain damage.
- Past and future medical costs were almost $500,000, excluding long-term care of the child.
Our Experienced Chicago Cerebral Palsy Lawyers Resolving Personal Injury Cases
An experienced cerebral palsy attorney working for the child’s parents can build a solid CP case for financial compensation against negligent medical professionals.
An experienced lawyer with a proven record of accomplishment will review the child’s birthing injury, medical records, and cerebral palsy treatment [9] and base the case’s value on other malpractice claims involving children.
While almost 95% of all CP claims are resolved through negotiated settlements, an experienced birth injury attorney can file a cerebral palsy lawsuit alternatively.
Most cerebral palsy lawsuits require medical experts to testify to bolster the cerebral palsy claim and prove what caused cerebral palsy. The testimony of our experienced panel of medical experts has led to favorable personal injury settlements.
What Birth Injuries Cause a Cerebral Palsy Diagnosis?
According to the CDC (Centers for Disease Control and Prevention), blunt force trauma to the head and pregnancy issues can lead to several types of cerebral palsy (CP), such as congenital cerebral palsy.
Contributing factors or causes of cerebral palsy include:
- Maternal infections
- Multiple gestations
- High blood pressure of the mother
- Placental abnormalities, including perfusion and placenta abruption [10]
- Blood clotting
- Oxygen deprivation can affect the baby’s brain blood flow due to prolonged labor or umbilical cord choking
- Improper medical care and misuse of medical equipment
- Brain damage, including TBIs (traumatic brain injuries) [11]
- Prenatal drug use
- Low birth weight
- Premature childbirth
Healthcare providers must recognize these factors and take extra precautions to prevent damage to the child’s brain before or during delivery.
What are Some Signs or Symptoms of Cerebral Palsy (CP)?
Cerebral palsy symptoms [12] can range from mild to severe and early signs could start as a child reaches six months.
Signs of CP include:
- Poor muscle tone
- Difficulty walking
- Delays in reaching developmental milestones
- Learning disabilities
- Difficulty swallowing
- Lack of coordination (motor impairment)
- Tremors
- Speech delay
Acquired CP is found in a small percentage of cases, occurring 28 days after birth, and is associated with brain infections.
The Statute of Limitations for Birth Injury Claims in Illinois
Illinois law dictates specific time frames for a medical malpractice claim, including birthing injury cases, to be filed. Understanding these limitations is crucial for victims and their families seeking compensation:
- General medical malpractice lawsuits must be filed within two years of the incident.
- Parents of birthing injury victims have eight years to file their claim, according to ILCS 5/13-212 [13]. This allowance considers that symptoms of cerebral palsy, the most common motor disability caused by abnormal brain development, may not be noticeable until years after birth.
- Failure to file within these time frames bars the ability to pursue a birth injury lawsuit.
Factors to Consider When Filing a Birthing Injury Lawsuit
- Risk factors: Investigate whether healthcare providers failed to address the many factors and risks, leading to brain damage or fetal distress. [14]
- Fair compensation: Understand how much compensation may be sought, including lost wages, medical expenses, and other monetary damages.
- Severity: The severity of cerebral palsy (CP), ranging from mild to severe CP, may impact the claim.
Seeking Legal Help
- Schedule a free consultation with a birthing injury attorney to discuss your case and potential legal action.
- Experienced legal teams can help families navigate the complex process of recovering damages for their children.
Support and Resources
- Connect with support groups and other family members who have faced similar challenges.
- Work with your attorney to seek compensation for your child’s long-term needs. Remember, most attorneys offer free consultations to discuss your case.
- Schedule a free consultation with a birth injury attorney to discuss your case and potential legal action.
- Experienced legal teams can help families navigate the complex process of recovering damages for their children.
Support and Resources
- Connect with support groups and other family members who have faced similar challenges.
- Work with your attorney to seek compensation for your child’s long-term needs. Remember, most attorneys offer free consultations to discuss your case.
Your Family Deserves the Support of a Lawyer
Our cerebral palsy lawyers in Chicago, Illinois, understand parents’ frustration and anger knowing their child’s CP is due to a medical error.
Our personal injury attorneys at Rosenfeld Injury Lawyers, LLC have brought many healthcare professionals to justice in birth injury cases and will seek compensation.
Contact an attorney at our Chicago law office at (888) 424-5757 (toll-free phone call) or through the contact form, and use our free initial consultations. Our personal injury attorneys accept all serious personal injury claims and wrongful death cases on a contingency fee agreement.
We advance all expenses in resolving medical malpractice cases, and our legal fees only get paid when you are awarded financial compensation. Our “No-Win/No-Fee” Guarantee is simple: We do not get paid if you do not win!
All discussions with your lawyer remain confidential through an attorney-client relationship.
Resources: [1] CDC, [2] PubMed, [3] WHO, [4] WHO, [5] GAO, [6] FDA, [7] NIH, [8] PubMed, [9] NIH, [10] PubMed, [11] Johns Hopkins, [12] NIH, [13] Ilga.gov, [14] PubMed
