CHICAGO CEREBRAL PALSY LAWYER
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Chicago Cerebral Palsy Attorney
Children diagnosed with cerebral palsy require expensive, intensive care. Parents who believe their child’s condition resulted from a medical error need support. Chicago cerebral palsy lawyers at Curcio & Casciato can help you receive justice and closure.
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 child’s birth injury such as cerebral palsy, filing a medical malpractice lawsuit might allow the family to seek compensation for medical bills and other associated costs.
The experienced cerebral palsy lawyers at Curcio & Casciato 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 an experienced cerebral palsy 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 who evaluate the details surrounding a mother’s pregnancy and labor. Our Chicago birth injury attorney collects ultrasound images, OB/GYN records, and other relevant documents. We collaborate with families, birth injury specialists, medical expert witnesses, and life care planners. Together, we determine whether your child’s cerebral palsy could have been caused by a preventable birth injury. Call us today at 312-321-1111 for a free consultation.
What is Cerebral Palsy?
Cerebral palsy is a rare congenital disorder that affects mobility, development, muscle tone, posture, and so much more.
Types of Cerebral Palsy
There are four main types of cerebral palsy, including:
Spastic Cerebral Palsy is the most common type of cerebral palsy, affecting approximately 80% of sufferers with this congenital disorder. Children with this type of cerebral palsy have increased muscle tone which can cause stiff, awkward movements.
Dyskinetic Cerebral Palsy also includes athetoid, choreoathetoid, and dystonic cerebral palsies. Children who suffer from this condition often struggle to control the movements of their limbs, face, and tongue. As a result, they may struggle with walking, sitting, talking, eating, etc.
Ataxic Cerebral Palsy often causes coordination and balance problems. So many sufferers struggle to walk steadily, move quickly, reach for items, or write.
Mixed Cerebral Palsy basically means that someone has more than one type of cerebral palsy. Doctors most commonly see a mix of spastic and dyskinetic cerebral palsy.
Symptoms of Cerebral Palsy
Children who develop cerebral palsy usually exhibit symptoms before they reach 18 months old. The most common symptoms of the congenital disorder are listed below.
Mobility and Motor Skills
A disabled child with cerebral palsy may experience issues with mobility and motor skills, including:
- Muscle tone variations which can cause muscle stiffness or floppiness
- Spasticity, which is basically exaggerated reflexes
- Rigidity, which describes muscle stiffness with normal reflexes
- Ataxia, which is basically balance and coordination issues
- Jerky involuntary movements
- Movements that favor only one side of the body (e.g. only reaching for items with one hand)
- Walking difficulties
- Lack of fine motor skills like picking up small items, writing, or buttoning a shirt
Development
Cerebral palsy sufferers also experience the following developmental symptoms:
- Delayed milestones such as crawling, sitting up, or rolling as babies
- Delays in physical and mental growth
- Intellectual and learning disabilities
Other Symptoms
A child who has developed cerebral palsy may experience other symptoms, including:
- Frequent seizures
- Hearing and vision loss
- Abnormal eye movements
- Constipation
- Urinary incontinence
- Chronic pain
- Mental health issues related to the child’s injuries
- Speech delays and difficulty speaking in general
- Excessive drooling
- Swallowing, eating, chewing, or sucking problems
What are Common Causes of Cerebral Palsy?
In short, cerebral palsy is caused by brain damage or abnormal brain development during pregnancy or birth. Common causes of this congenital disorder include:
- Medical errors during pregnancy
- Birth injuries which are generally caused medical malpractice
- Maternal infection during pregnancy
- Fetal brain bleeds either during pregnancy or post-birth
- Fetal stroke
- Infant infections
- Lack of oxygen to the brain during pregnancy, labor, or delivery
- Traumatic brain injury due to medical mistakes during birth
Our Chicago brain injury attorneys and Chicago school injury lawyers have extensive experience in Chicago child injury lawsuits as well.
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 the 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 Illinois medical malpractice statute of limitations for birth injury lawsuits is usually two years in Illinois. The clock starts ticking right when the birth injury happens. But if parents don’t know about the child’s injury until later on, the statute of limitations changes to four 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. That’s why it’s important to file a birth injury case with an experienced Chicago medical malpractice attorney as soon as possible. You will have a higher chance of getting the important medical records necessary to build your case.
What Can I Recover in a Cerebral Palsy Lawsuit?
Families can receive financial compensation for medical bills as well as the child’s cerebral palsy treatment. They can also pursue compensation for:
- Medication for seizure management, muscle pains, and contractions
- Corrective surgery for anatomical defects or to relax cramped muscles
- Medical equipment, such as orthotics and braces for stability and balance
- Wheelchairs and other personal transportation devices
- Speech generating devices
- Speech coaching
- Physical therapy
- Occupational therapy
Medical bills are not the only challenges that families face. Families may also be able to seek compensation for future lost wages and the child’s pain and suffering. Our Chicago emotional distress attorneys can show you how to compute pain and suffering damages and help you calculate your lost wages.
Who Can I Hold Accountable for My Child’s Cerebral Palsy?
Every medical professional is required to provide reasonable care to their patients. They may be legally responsible if their medical negligence 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 negligent medical professionals, then the hospital is partially responsible for that doctor’s negligence. Our Chicago personal injury lawyers understand how to sue a hospital for negligence and are comfortable bringing your case to court, if necessary.
Can I File a Lawsuit for My Child’s Cerebral Palsy Birth Injury?
Yes, you can file lawsuits for birth injuries like cerebral palsy, especially if the disorder was a direct result of medical malpractice.
Cerebral Palsy lawsuits are often complex cases to prove. That’s why you need birth injury lawyers from Curcio & Casciato on your side. We have decades of combined experience in pursuing compensation for the victims involved in birth injury cases and medical malpractice cases. An experienced birth injury attorney can fight aggressively for you to receive maximum compensation for your child’s birth injury.
Hire Our Chicago Cerebral Palsy Lawyers to Investigate Your Case
When investigating a cerebral palsy lawsuit, we look for some of the following:
Failure to Monitor
Nurses, doctors, and other medical professionals must monitor an infant’s condition before, during, and after the delivery process. This means that they must monitor the child’s heart rate and oxygen levels, among many other vitals. 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.
Failure to Perform a C-Section
While emergency c-sections aren’t ideal, there are certainly reasons for an emergency c-section.
If an infant lacks adequate oxygen, a caesarian section is sometimes the safest way to prevent brain damage. If doctors fail to notice signs that the infant lacks oxygen (such as a change in heart rate) and they later develop a congenital disorder, you could file a cerebral palsy claim.
Improper or Insufficient Medical Response to Fetal Distress
Fetal medical emergencies, such as the umbilical cord wrapping around a child’s neck, are possible during birth. Inadequate responses to these emergencies can lead to the development of cerebral palsy. In these cases, parents can seek compensation for medical expenses with a cerebral palsy birth injury lawsuit.
Call Cerebral Palsy Lawyers at Curcio & Casciato Today
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 & Casciato, our Chicago cerebral palsy attorneys have decades of experience in proving causation and pursuing compensation in medical malpractice cases like these. We work with medical experts who help us link a doctor’s negligence to a cerebral palsy case.
If you believe your child’s cerebral palsy diagnosis may be connected to a medical professional’s negligence, it’s time to take legal action. Contact an experienced cerebral palsy attorney for a free case evaluation. Your family and your child deserve the chance to receive compensation for the damages you’ve suffered. Call 312-321-1111 and schedule a free consultation with the top Chicago Medical Malpractice Law Firm.
