Chicago Cerebral Palsy Attorneys
Cerebral palsy is a lifelong disability that a birth injury can cause, lack of oxygen in the womb, or trauma either in utero or shortly after your child is born.
If your child has cerebral palsy, it's essential to know what caused it. Was it an accident or medical malpractice?
The personal injury attorneys at Rosenfeld Personal Injury Lawyers, LLC, are here to help you get the answers you need and the compensation you deserve. Our Chicago, Illinois cerebral palsy lawyers have a proven track record of fighting for children's rights with cerebral palsy and their families.
Contact us today at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with our experienced cerebral palsy lawyer remains private through an attorney-client relationship.
Cerebral Palsy (CP) is a group of neurological disorders usually caused by cerebral abnormalities early in a child's development or during delivery.
The disorder in a critical area of the cerebrum and cerebellum affects muscle coordination, body movement, and functioning. Unfortunately, most children born with CP may not display signs until months or years later.
Our Chicago, IL, cerebral palsy attorneys invite you to speak with an experienced Chicago medical malpractice lawyer who has worked on cerebral palsy lawsuits without any cost or obligation.
If you are ready to get answers to determine if a physician's negligence caused your child's condition, our cerebral palsy lawyer is here for you and offers years of experience in working with litigation birth injury lawsuits.
All of our cerebral palsy claims are handled on a contingency basis. We only receive legal fees when our cerebral palsy lawyers successfully obtain a financial recovery for your child and family. Talk to a cerebral palsy attorney today for a free consultation.
Types of Cerebral Palsy
There are multiple forms of cerebral palsy with different characteristics:
- Spastic cerebral palsy: Stiff muscles with a jerky movement
- Athetoid cerebral palsy: Uncontrolled movements, writhing
- Ataxic cerebral palsy: Poor balance and coordination
- Hemiplegic cerebral palsy: Poor balance and coordination
It is possible to have mixed-type CP, a combination of the different types of CP listed above.
Types of Medical Negligence That Can Result in Childbirth Trauma and CP
While a medical error is not always one of the primary causes of cerebral palsy, it is essential to note that around ten percent of medical malpractice claims have been linked to medical negligence.
A medical professional should take precautions to ensure the unborn child's safety throughout the pregnancy, labor, and delivery.
Our Chicago, Illinois birth injury lawyers commonly see physician/hospital staff negligence such as:
- Improper monitoring of the child throughout the pregnancy to detect abnormalities, mutations, infections, or other risk factors may place the child at risk of developing neurological disorders.
- Failure to properly monitor the heart rates of both mother and child during delivery to detect signs of fetal distress. If the baby exhibits an abnormal heart rate, it is likely a symptom of reduced blood or oxygen deprivation and may represent a threat to their well-being.
Therefore, doctors must take decisive action regarding emergency cesarean section if it is determined that the child or mother is in distress.
How Much Are Cerebral Palsy Lawsuits Worth?
Every case is different, and each child's past, current, and future needs are unique. Therefore, our cerebral palsy attorneys fight for the highest possible compensation when presenting evidence in court or negotiating with an insurance company.
Hire a cerebral palsy attorney to recover financial compensation on your behalf, including:
- Past and current medical expenses
- The cost of future care that may last the child's lifetime
- Family out-of-pocket expenses
- The cost of counseling, professional medical advice, and special education
- Funds to cover physical, occupational, and speech therapies
- Money for future surgical needs
- Funds to pay for medical equipment and supplies, including braces and wheelchairs
- Home care costs for the child's entire life
- Non-tangible damages may include the family and child's pain, suffering, mental anguish, and emotional distress.
Future Medical Bills for Your Child's Cerebral Palsy
In many cerebral palsy cases, we retain a life care planner and economist who can assist in preparing a life care plan which sets forth the anticipated expenses needed to care for the child.
Many of your birth injury expenses for your child will be for future care. Especially if your child will never be able to care for themselves and need to rely on their parents, the bills will be high.
Could Medical Malpractice Result in a Child's Cerebral Palsy?
Yes. Many cerebral palsy cases, including those linked to cerebrum damage, are linked to injuries sustained by the developing infant during pregnancy or labor and delivery.
Cerebral palsy related to medical malpractice is primarily the outcome of the failure of medical professionals to detect or timely act upon birth injuries that can impair cerebral development or function during labor and delivery.
In most cases, children born with CP are affected by the condition for life and require ongoing care with extensive future medical expenses to treat their symptoms.
Medical malpractice laws exist to protect patients from negligence or incompetence on the part of their doctors.
Do you need help with a cerebral palsy case? If so, you may want to consider hiring a cerebral palsy lawyer. A cerebral palsy lawyer can help you file a lawsuit if you believe that your child’s cerebral palsy was caused by medical malpractice.
Cerebral Palsy (CP) and Elevated Bilirubin Levels Link
There are links between elevated bilirubin levels and CP due to bilirubin's ability to freely pass into the cerebrum and the undeveloped liver's inability to quickly process and eliminate bilirubin from a newborn's system.
Depleted oxygen levels also play a factor in the development of cerebral palsy. In addition, the affected areas of the cerebrum and cerebellum are responsible for the development of motor functions, balance, and the ability to speak.
Injuries that can eventually cause the development of cerebral palsy if not adequately addressed include the following.
- Infections during pregnancy or injuries sustained during childbirth: Infections threaten cerebral development by triggering an immune response, elevating the internal temperature, and increasing bilirubin levels. Most infections are cured through the administration of antibiotics if properly detected.
- The detachment of the placenta during childbirth: This detachment can cause uncontrolled bleeding, limiting the supply of blood reaching the infant's cerebrum. The mother and child need to be monitored for signs of fetal distress during labor and delivery.
- Injuries to the head result from assisted delivery devices such as forceps or a vacuum: One prevalent symptom of injuries sustained in this manner is the presence of a "caput succedaneum," which is a formation on the scalp that results from bleeding and swelling following the use of delivery devices to suction the child's head.
In addition, the production of bilirubin could cause bleeding. Therefore, babies who sustain head trauma and possible injury need to be monitored for jaundice, indicating elevated bilirubin levels.
- Genetic mutations or predispositions: In some cases, genetic markers or mutations naturally throughout pregnancy may increase the risk of CP or act as a catalyst.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is an injury of the cerebrum resulting from asphyxia. This cutoff of oxygen supply to the brain can happen during pregnancy, childbirth, or events after being born.
- Injuries sustained following childbirth: Some cases of cerebral palsy result from a traumatic injury occurring during an infant's developmental stages. For example, blows to the head, such as a fall or sustained car accident, may result in elevated bilirubin levels.
Internal bleeding can limit oxygen supply to the cerebrum, resulting in the death of cells critical to cognitive and motor function.
- Infections occur after childbirth: Infants possess underdeveloped immune systems and are susceptible to infection in the months following delivery. Therefore, it is crucial to detect the presence of serious infections such as meningitis as they are linked to the development of cerebral palsy in infants.
- Cerebral Dysgenesis: It is abnormal cerebral development and does not result from an injury to the cerebrum.
- Periventricular Leukomalacia (PVL): It damages the cerebral cortex's white matter. The majority of infants diagnosed with PVL will also have CP.
- Intraventricular Hemorrhage (IVH): IVH is hemorrhaging or bleeding in the cerebrum. Bleeding can cause a hematoma that can damage tissue.
Sample Illinois CP Settlements & Verdicts
Because many people with cerebral palsy experience lifelong disabilities, CP legal cases have considerable value. The Cerebral Palsy lawyers in our law office appreciate the impact a diagnosis of CP has on your child and your family. Therefore, every resource is utilized to seek compensation under Illinois law.
Below are some examples of lucrative negotiated Illinois settlements:
$9 Million Settlement
Doctors induced labor at 38 weeks of pregnancy because the mother had high blood pressure. The medical professionals administered the suggested dose of a drug called Cytotec four times, which caused the infant's slow heart rate.
The child was born with acidosis and developed Cerebral Palsy. He needed a device to speak and required medical care for the rest of his life for the damage.
The family's Cerebral Palsy lawyers presented evidence with medical experts showing that the child would have millions of dollars worth of long-term medical needs, lost wages, pain, and other economic and non-economic damages. This legal action was filed in Cook County Court in Chicago, IL.
$5 Million Settlement
In this birth injury case, the physicians waited too long to perform a cesarean section (C-section) even though the pregnancy was several weeks overdue and the fetus was already nine pounds. As a result, the child was born with a seizure disorder, CP, and other medical conditions.
By age 16, she had the mental development of an eight-year-old. The parents brought a medical malpractice lawsuit against the doctor and hospital for medical mistakes and to recover financial compensation for her costs of care, reduced quality of life, future lost wages, and pain.
$10 Million Settlement
This medical malpractice lawsuit against the doctor and other medical professionals involved twins born at twenty-seven weeks.
Meningitis set in as well as CP. One twin showed signs of an infection and was effectively treated. The other child wasn't checked for infections despite being at high risk and suffered permanent damage.
The medical bills alone were almost $500,000, not including the long-term care the child would need. The parents sued the hospital and doctors for breach of care duties. Within a few months, the family recovered compensation for their economic and non-economic damage and losses.
What Birth Injuries Cause Cerebral Palsy (CP)?
According to the CDC (Centers for Disease Control and Prevention), blunt force trauma to the head and pregnancy issues can lead to different types of Cerebral Palsy (CP).
Contributing factors to CP include:
- Multiple gestations
- The mother's high blood pressure
- Placental abnormalities, including perfusion and placenta abruption
- Blood clotting
- Oxygen deprivation affects the baby's brain blood flow
- Improper medical care
- Brain damage, including TBIs (traumatic brain injuries)
- Prenatal drug use
- Low birth weight
- Premature childbirth
What Is the Most Common Cause of Cerebral Palsy?
According to the CDC (Centers for Disease Control and Prevention), Cerebral Palsy is caused by brain damage or abnormal brain development affecting the child's control over muscles.
The condition develops in utero, during birth, within a month after delivery, or in the first few years of the young child's life.
Common causes of Cerebral Palsy include:
- Congenital (CP)
- Low childbirth weight, multiple births, premature birth, ART (assisted reproductive technology – infertility treatments)
- Pregnancy-related infection
- Kernicterus and jaundice
- Maternal medical conditions, including intellectual disability, thyroid issues, or seizures
- Birth complications include uterine rupture, placenta abruption, umbilical cord issues, and other conditions that disrupt the baby's lack of oxygen.
Hhat Are Some Signs of Cerebral Palsy (CP)?
Symptoms of CP include:
- Poor muscle tone
- Difficulty walking
- Failure to thrive and learning disabilities
- Difficulty swallowing
- Lack of coordination
- Speech delay
Symptoms can range from mild to severe. Cerebral palsy may be a lifelong disability that prevents everyday life and causes severe problems.
How Can an Experienced Cerebral Palsy Attorney Help Resolve My Personal Injury Case?
An experienced Cerebral Palsy lawyer working on behalf of the child's parents can build a solid cerebral palsy case for financial compensation. An experienced lawyer with a proven track record will review the child's birth injury in their medical records, the child's cerebral palsy treatment and base the case's value on other medical malpractice cases.
While nearly 95% of all cerebral palsy claims are resolved through negotiated settlements, some within a few months, an experienced birth injury attorney will build the case for trial and the need to file a Cerebral Palsy lawsuit.
If needed, an experienced Cerebral Palsy lawyer will hire medical experts who can testify in court as expert witnesses to bolster the claim and prove what occurred that led to the child's injuries.
The Statute of Limitations
The length of time an injured party can bring a cerebral palsy case is based on the state's statute of limitations. In addition, medical personnel can be held financially accountable in birth injury cases involving medical negligence, malpractice, or wanton disregard for the child or mother's health.
According to law, the statute restricts the amount of time to up to 3 years, depending on the state. However, for a lawsuit involving medical malpractice or negligence to move forward in most states, patients must file lawsuits within the time limit set by law (statute of limitations).
Any failure to file a claim bars the child's parents from the ability to file a birth injury lawsuit at any time in the future.
That said, a Cerebral Palsy diagnosis can be delayed in many children. Often, the child reaches the age of two or older before the first signs of CP are recognized or accurately diagnosed.
In these cases, the child's Cerebral Palsy treatment might not be as effective as it would have been had they received professional medical advice earlier in the child's development.
Cerebral Palsy Injuries FAQs
Many families have unanswered questions about dealing directly with a doctor's insurance company concerning their child's birth injury. A Cerebral Palsy lawyer specializing in medical malpractice cases has answered some of those questions below.
If you have questions about your situation or wonder if a doctor's negligence caused your child to sustain a birth injury, contact our legal team today at (888) 424-5757 for legal representation.
Consider scheduling a free case evaluation and medical records review to determine if you have the right to file a lawsuit and seek financial compensation in a birth injury lawsuit.
A Chicago Cerebral Palsy Lawyer Is Ready to Help Your Family
Our Chicago cerebral palsy lawyers understand the frustration and anger parents may feel after an injury during delivery, knowing that their child's CP is due to a medical error.
You can be assured that the personal injury attorneys at Rosenfeld Personal Injury Lawyers LLC have the experience, resources, and commitment to pursue all responsible parties.
Our cerebral palsy lawyers will work hard to see that your Illinois cerebral palsy lawsuit is successful and that your child receives full compensation for all damages available under the law. Begin the process now and contact a cerebral palsy attorney at our law firm for a free case consultation on a contingency basis.
Contact a cerebral palsy lawyer with a proven track record today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation to take legal action. All discussions with our cerebral palsy lawyers remain confidential through an attorney-client relationship.
Our cerebral palsy lawyers accept medical malpractice cases on a contingency basis, meaning no upfront fees are paid to our legal teams until your case is resolved.
Our law offices are headquartered in Chicago, IL, but our cerebral palsy lawyers help families and children from all parts of Illinois and across the Midwest. Many cases are brought in Cook County, DuPage County, Will County, and Lake County.
- Ataxic Cerebral Palsy Lawsuit
- Cephalopelvic Disproportion (CPD)
- Face Presentation
- Fetal Macrosomia Birth Injuries
- Breech Baby Complications Causing Birth Injuries
- Cerebral Palsy Treatment
- When Is Cerebral Palsy Diagnosed?
- Hemiplegic Cerebral Palsy
- Signs of Cerebral Palsy
- Spastic Cerebral Palsy
- Cerebral Palsy FAQs
- What Causes Cerebral Palsy?
- Cerebral Palsy Statistics
- Cerebral Palsy Lawsuits
- Cerebral Palsy Life Expectancy
- Cerebral Palsy Medications
- How Common Is Cerebral Palsy?
- Is Cerebral Palsy Progressive?
- Types of Cerebral Palsy