Orland Park Cerebral Palsy Injury Attorney
Birth Injury Lawyers Serving Cook County and DuPage County
With approximately 1 in 323 children diagnosed with cerebral palsy (CP) nationwide, the Centers for Disease Control and Prevention classifies CP as the most common motor disability in children.
While there are numerous potential causes of cerebral palsy, some instances are directly tied to medical negligence, and physicians and medical personnel may be liable if CP resulted from mistakes made during birth. Schwartz Injury Law has extensive experience in medical malpractice cases, and we can help you determine whether you may be able to receive compensation for birth injuries that led to cerebral palsy.
What Causes Cerebral Palsy?
While low birth weight and premature birth are leading risk factors, a doctor's failure to follow proper and mandated medical procedures can result in the development of cerebral palsy in infants. Causes may include:
- Improper monitoring of fetal and/or maternal distress.
- Delivery delay resulting in oxygen deprivation.
- Failure to recognize the need for a C-section.
- Misdiagnosis or failure to diagnose infections or other medical problems.
- Incorrect use of forceps or vacuum during childbirth.
- Failure to identify umbilical cord issues, including a prolapsed cord.
In physician negligence cases, you must have clear proof the doctor acted in a negligent fashion which contributed to CP development in your baby. Schwartz Injury Law will conduct a complete investigation to determine if negligence was involved.
To have a valid claim, an established doctor/patient relationship must have been in place in which the physician agreed to provide care before, during, and after child delivery.
Types of Birth Injury Compensation
The CDC estimates medical costs for children with cerebral palsy run 10 times higher than for those without CP or other intellectual disabilities, and the lifetime cost of care for someone with CP is approximately $1 million.
Compensation for birth injuries can help with financial costs such as:
- Doctor's visits and medication.
- Lost wages if a child requires full-time parental care.
- Physical therapy and occupational therapy.
- Special education.
- At-home or mobile equipment, such as wheelchairs or soundboards.
- Pain and suffering.
In 2010, the Illinois Supreme Court ruled the state's cap on non-economic damages against health care professionals and facilities was unconstitutional and removed those limits. There have been instances nationally of birth injury victims being awarded total damages of more than $100 million.
Schwartz Injury Law has many successful cerebral palsy case results including an $8 million award and a $7.5 million award, both attributed to childbirth delivery delays.
The Statute of Limitations in Illinois
In Illinois, medical malpractice cases must be filed within two years of the injury, or no longer than four years if it was not discovered within that timeframe.
Birth injury claims are allowed more time. A lawsuit must be filed within eight years of a child’s injury, and no claims can be made after their 22nd birthday.
Birth parents or legal guardians may a file claim, and our attorneys will guide you throughout the process as we work together on behalf of your child.
Oak Lawn Attorneys for Your Birth Injury Case
A birth injury caused by medical error can leave you feeling helpless, but our attorneys can help you pursue compensation for the damages you and your child have suffered. Contact our Orland Park lawyers at 708-226-9000 for a free and confidential consultation. We serve clients throughout the area, including but not limited to Tinley Park, Oak Lawn, Alsip, Palos Heights, Oak Forest, Mokena, Homer Glen, and Frankfort.