CHICAGO MEDICAL MALPRACTICE ATTORNEY

Cerebral Palsy Lawyers

Children diagnosed with cerebral palsy require expensive, intensive care. Parents who believe their child’s condition resulted from a medical error need support. As Cerebral Palsy Lawyers, we can help in filing a lawsuit that might alleviate some of the expenses associated with treatment.

Cerebral palsy is generally caused by genetic mutations or unpreventable delivery complications. However, in some cases, medical negligence causes this devastating birth injury. If a medical professional’s negligence causes a birth injury such as cerebral palsy, filing a lawsuit might allow the family to seek damages. This could mean compensation for medical bills and other associated costs.

The experienced cerebral palsy lawyers at Curcio Law Offices work to help families receive financial compensation. Compensation can go towards therapy, surgery, assistive technology, and more. This is why it’s crucial to hire a lawyer that you trust. They will be responsible for presenting your child’s case to the court, or negotiating a settlement before trial.

We work with birth injury experts that evaluate the details surrounding a mother’s pregnancy and labor. Our team collects ultrasound images, OB/GYN records, and other relevant documents. We collaborate with families, birth injury specialists and life care planners. Together, we determine whether your child’s cerebral palsy could have been caused by a preventable birth injury. We offer free case evaluations to help you determine this.

When Should I Hire a Cerebral Palsy Lawyer?

Timing is important when it comes to pursuing a cerebral palsy lawsuit. This is because cerebral palsy lawsuits carry a statute of limitations. A statute of limitations is an amount of time you have to file a lawsuit after an illegal occurrence. Once this period of time has expired, you may not be able to file a lawsuit.

The statute of limitations in Illinois for cerebral palsy medical malpractice cases is usually two years after the birth injury. Up to four years are permitted if the damage isn’t discovered within two years. When it comes to children, there are exceptions to medical malpractice statute rules. If a patient is under the age of 18 at the time of medical malpractice, they have until 8 years after the date of the negligent act. They must bring the suit before they turn 22. 

Most cerebral palsy cases are detected before a child turns 2. The sooner you determine the cause of your child’s cerebral palsy, the better. Pursue a case as soon as possible. You will have a higher chance of getting important medical documents and records necessary to build your case.

Can I File a Lawsuit for My Child's Cerebral Palsy Birth Injury?

Cerebral Palsy lawsuits are often complex cases to prove. You need a cerebral palsy lawyer who has experience in birth injury lawsuits to help you get the support you need. When investigating a cerebral palsy lawsuit, we look for some of the following:

  • Nurses, Doctors, and other medical professionals must monitor an infant’s condition before, during, and after the delivery process.
  • This includes monitoring the child’s heart rate and oxygen levels.
  • Abnormal heart rates indicate the child isn’t getting enough oxygen to his or her brain.
  • Doctors who fail to properly monitor the child’s vital signs and intervene in time might be liable for the resulting injuries. 
  • If an infant lacks adequate oxygen, a caesarian section is sometimes the safest way to prevent brain damage. 
  • Failure to notice signs that the infant lacks oxygen, such as a change in heart rate that results in cerebral palsy could be grounds for a lawsuit.
  • Medical emergencies involving the fetus such as the umbilical cord wrapping around a child’s neck are possible during birth.
  • Inadequate responses to these emergencies can result in cerebral palsy.
  • In these cases, parents may seek compensation for damages with a cerebral palsy birth injury lawsuit. 

Children who develop cerebral palsy usually exhibit signs before 18 months, though sometimes symptoms do not manifest immediately. Children with cerebral palsy usually have developmental delays in typical infant milestones such as walking, crawling, and rolling over.  

What Can I Recover in a Cerebral Palsy Lawsuit?

Families can seek compensation for many different types of damages. This could include current and future medical expenses. The help of a skilled attorney is key. You may be able to receive compensation for medical bills that cover doctor visits and surgery as well as other forms of necessary cerebral palsy care:

  • Medication for seizure management, muscle pains and contractions
  • Corrective surgery for anatomical defects or to relax cramped muscles
  • Orthotics and braces for stability and balance
  • Wheelchairs and other personal transportation devices
  • Speech generating devices
  • Speech coaching
  • Physical therapy
  • Occupational Therapy

Often these medical bills are not the only challenges families face. Families may also be able to seek compensation for future lost wages and living expenses as well as pain and suffering.

Who Can I Hold Accountable for My Child’s Cerebral Palsy?

Medical professionals are required to provide reasonable care to their patients. They may be legally responsible if their failure to do so causes a patient to suffer brain damage. The following medical professionals may be liable:

  • Hospitals
  • Nurses
  • Midwives
  • Surgeons
  • OB-GYNs

Sometimes hospitals and clinics are liable for their own mistakes as well as the mistakes of their employees. If a hospital employs a negligent doctor, the hospital is responsible for that doctor’s negligence. 

The exact causes of cerebral palsy are not yet fully understood. A direct link between a medical professional’s actions and an injury can be difficult to establish. At Curcio Law Offices, our birth injury attorneys have decades of experience proving causation in cerebral palsy cases. We work with medical experts who help us link a doctor’s negligence to a cerebral palsy diagnosis.
If you believe your child’s cerebral palsy might be the result of a medical professional, contact us for your free case evaluation. Your family deserves the chance to receive compensation for the damages you’ve had to endure.  Call 312-321-1111 and schedule a free consultation today.