Can You Sue for Cerebral Palsy?

Cerebral palsy is a medical condition commonly linked to negligent actions or errors a medical professional makes during prenatal care and childbirth. When a child is diagnosed with cerebral palsy early in life, it’s important to find out if the condition was caused by negligent medical actions and whether can you sue for cerebral palsy.

If you suspect medical malpractice is responsible for your child’s cerebral palsy, contact Ankin Law in Chicago at 312-600-0000 for a free consultation.

What Causes Cerebral Palsy?

What is cerebral palsy? Cerebral palsy is a medical condition that causes abnormal brain development or central nervous system disorders. Cerebral palsy commonly develops in infants during prenatal care, labor and delivery, and postnatal care following childbirth. The stage of life when the condition develops in the infant will have an impact on the severity of the infant’s impairments. Although cerebral palsy is not a progressive disease that gets worse with time, it is a permanent, life-long condition that has no cure. It must be managed with ongoing medical care, medical support devices, physical and emotional therapy, and surgical procedures.

Cerebral palsy is grouped into two major categories – congenital cerebral palsy which develops before childbirth and acquired cerebral palsy which typically begins within the first 6 months of life.

Congenital Cerebral Palsy

The majority of children have congenital cerebral palsy that develops before birth, usually during prenatal care or labor and delivery. Congenital cerebral palsy often results in the following conditions:

• Abnormal brain development caused by fever, infections, and trauma to the brain
• Bleeding in the brain caused by blood clotting problems, heart defects, or stroke
• White matter brain damage caused by disrupted signals between the brain and body
• Lack of oxygen caused by a torn uterus, umbilical cord problems, or the use of forceps

Acquired Cerebral Palsy

Some children have acquired cerebral palsy that develops after childbirth or during the first 6 months of life. Acquired cerebral palsy often results in the following conditions:

• Brain damage within the first few months
• Brain infections like encephalitis and meningitis
• Exposure to toxic substances in the home or environment
• Oxygen deprivation caused by choking or drowning
• Blocked blood flow to the brain caused by clots, heart defects, or sickle cell disease
• Head trauma caused by forceps deliveries or early blows to the head

What Are the Symptoms of Cerebral Palsy?

The symptoms of cerebral palsy vary depending on the part of the brain that is affected. Symptoms usually become apparent when a child reaches six months of age and begins to move around and communicate with sounds. Children with cerebral palsy may miss developmental milestones such as crawling, rolling over, sitting up, walking, and talking. Common symptoms of cerebral palsy that may indicate brain damage include learning disabilities, balance problems, slow or difficult body movements, spasms and tremors, and debilitating seizures.

In some cases, cerebral palsy may develop later when a child is 1 to 2 years old. Parents may recognize delayed communication skills, impaired motor skills, and poor muscle strength at this age. Balance issues, speech difficulties, and cognitive dysfunctions may not become obvious until the child starts kindergarten or elementary school, usually between 4 and 6 years of age.

Over the last 20 years, the number of C-section births has continued to rise each year. According to the Centers for Disease Control and Prevention (CDC), one out of every three babies born in U.S. hospitals is born by C-section instead of vaginal delivery. While C-sections can prevent injury and death in high-risk pregnancies, they present serious health risks and longer recovery periods for mothers and babies. The CDC and the Department of Health and Human Services have set a national goal for preventing Cerebral palsy in C-section births by reducing the number of C-sections in low-risk pregnancies.

When Can You Sue for Cerebral Palsy?

Can you sue for cerebral palsy In Illinois? When a medical professional or hospital in Illinois fails to provide proper prenatal care during pregnancy, labor, childbirth, or postnatal care, the patient has a legal right to sue for a birth injury. According to Illinois laws, medical professionals owe their patients a reasonable duty of care to protect them from unnecessary health risks, injuries, and death.

Any medical professional who fails to live up to the obligation to provide proper and reasonable care can be held liable for birth injuries such as brain damage, head trauma, Cerebral palsy, and other conditions that cause permanent injuries. Hospitals, birthing centers, and medical professionals like gynecologists, obstetricians, anesthesiologists, nurses, and midwives can be held legally liable for birth injuries.

In most cases, birth injury lawsuits in Illinois follow the same steps. The first step is to consult with a qualified Illinois cerebral palsy lawyer who specializes in birth injury cases and knows the requirements to prove your case in civil court. To have a valid birth injury case in Illinois, your lawyer for cerebral palsy claim must prove the following:

• The hospital or medical professional failed to uphold the standard duty of care. Hospitals and medical professionals are held to a rigid standard of care when treating patients. If a hospital or medical professional fails to satisfy this standard of care and the patient suffers injuries, the patient has the right to file a lawsuit with a medical malpractice lawyer, who can recover economic and non-economic damages.
• Failure to uphold the standard of care resulted in patient injury or death. Supporting evidence for a medical malpractice lawsuit must include proof of the birth injury and proof of damages.

The Statute of Limitations

In Illinois, the statute of limitations for cerebral palsy lawsuits can range between two years and 22 years, depending on the conditions of the case. The statute of limitations for cerebral palsy medical malpractice cases is eight years from the date when the patient actually knew or reasonably should have known that the patient suffered an injury due to the negligence of a medical provider. However, the following rules apply:

• Medical errors involving children: If the patient is under age 18 at the time of the medical malpractice, the patient has 8 years after the date of the negligent act to file a lawsuit for damages. However, the patient must bring the lawsuit before the patient reaches age 22.
• Medical errors that cause disability: If the patient suffers from a disability that makes the patient physically incapable of filing a medical malpractice claim, the statute of limitations does not run as long as the disability exists. When the patient can physically proceed with a lawsuit, he or she has two years to file a claim.

How to Sue for Cerebral Palsy

If you suspect that your child’s cerebral palsy was caused by negligent medical actions or errors made by a medical professional, you should consult an Illinois medical malpractice lawyer who can help you build a case.

When medical negligence results in birth injuries like cerebral palsy, a cerebral palsy lawyer can help you recover the following damages:

Economic Damages

Economic damages are tangible damages that can be calculated by their monetary value. They include damages for medical expenses including medical visits and examinations, medical bills for doctor or hospital expenses, medical treatments and clinical testing, prescription medications, physical rehabilitation, physical and emotional therapy, and lost wages due to inability to work or loss of a job.

Economic damages may also include expenses for home health care provided by nurses and caretakers, as well as the costs of necessary medical equipment such as medical devices, canes, crutches, walkers, and wheelchairs. If the patient is a child, there may be other types of economic damages such as money for learning expenses, tutors, and special needs.

Non-Economic Damages

Non-economic damages can not be measured by monetary value. They are measured by non-tangible damages that are more difficult to measure. Non-economic damages are usually awarded for emotional distress, current and future pain and suffering, long-term suffering, loss of companionship and consortium, and loss of the enjoyment of life. Since these damages can’t be measured, they are usually discretionary and awarded by the court based on similar types of legal cases.

If your child has been diagnosed with cerebral palsy, contact us about legal representation. Our Chicago medical malpractice lawyers offer a free case review to determine if you can file a lawsuit for damages.