Cerebral Palsy Malpractice

What is Cerebral Palsy Malpractice?

Medical malpractice occurs when a healthcare provider’s actions (or inaction) cause injury to a patient. 

If this injury occurs during labor and delivery, the later stages of pregnancy, or shortly after birth, then it may be considered a birth injury and depending on the associated diagnosis, may mean the parents of the affected child have a valid medical malpractice case. 

In the event of a birth injury, the definition of malpractice can encompass:

• Failure to detect and treat fetal distress due to lack of oxygen 
• Failure to detect and treat infections
• Failure to perform a C-section when necessary 
• Using delivery tools like forceps incorrectly
• Failure to properly monitor the baby’s heart rate
• Failure to detect and properly treat high blood pressure during pregnancy
• Failure to identify and correctly manage other risk factors during pregnancy
• Failure to treat newborn jaundice
• Failure to quickly clear a baby’s airways after birth

If one or more of these factors are at play and the baby is diagnosed with cerebral palsy, then you may have a cerebral palsy (CP) malpractice claim. 

What is a Cerebral Palsy Medical Malpractice Lawsuit?

A cerebral palsy malpractice claim must prove that the healthcare provider had a duty of care to the patient, that the healthcare provider’s actions (or lack of action) fell below the accepted standard of care, and that there is a direct link between the infant’s cerebral palsy diagnosis and the healthcare provider’s actions or negligence.

Forms of Cerebral Palsy Medical Malpractice

Cerebral palsy is a group of neurological disorders that affect movement, coordination, and muscle tone.

It can be caused by brain injury or abnormal brain development, often occurring during pregnancy, childbirth, or shortly after birth. 

In cases where cerebral palsy could have been prevented or the severity reduced through proper medical care, the affected family may have grounds for a medical malpractice claim.

Common forms of cerebral palsy malpractice include but are not limited to:

Failure to Diagnose Fetal Distress or Monitor Risk Factors During Pregnancy

Doctors and healthcare providers are responsible for monitoring the health of both the mother and the baby during pregnancy. 

A failure to identify risk factors or cp symptoms such as fetal distress, maternal infections, or gestational diabetes could lead to complications that result in cerebral palsy.

If proper monitoring or early diagnosis had been conducted, steps might have been taken to prevent brain injury.

Errors During Labor and Delivery

If there is a failure to respond to signs of fetal distress, such as a prolonged labor or a baby’s placenta or umbilical cord being compressed, lack of oxygen (asphyxia) can occur, potentially leading to cerebral palsy birth injury.

This may be referred to as delayed or improper delivery. 

In some cases, a C-section may be necessary to prevent oxygen deprivation or birth trauma.

If this is not done promptly when needed, it can lead to permanent brain damage and cerebral palsy.

Excessive force or the improper use of forceps or vacuum extraction during delivery can cause birth injuries, including brain trauma that results in cerebral palsy.

Failure to Treat Infection

If a pregnant woman develops an infection (like meningitis, encephalitis, or an untreated urinary tract infection) and it is not properly diagnosed or treated, the infection can be transmitted to the fetus and may result in brain damage, leading to cerebral palsy.

Improper Use of Medications or Drugs

The improper use of medications during pregnancy or labor, such as failing to monitor for the side effects of drugs given to the mother or baby, may contribute to complications that could result in cerebral palsy.

If it can be shown that medications were used improperly, the family of the affected child may have a malpractice case.

Failure to Identify or Treat Jaundice

Severe untreated jaundice in newborns can lead to kernicterus, a form of brain damage that can lead to a cerebral palsy birth injury.

Failure to diagnose and treat jaundice in a timely manner may be grounds for a medical malpractice claim.

Negligence in Postpartum Care

After birth, if the baby experiences distress or complications that are not properly addressed (such as oxygen deprivation or poor feeding), this can result in brain damage and cerebral palsy.

If this negligence is the fault of a healthcare provider, it may lead to a valid cerebral palsy malpractice case. 

What is a Cerebral Palsy Lawsuit?

A cerebral palsy lawsuit is a legal action taken by a parent or guardian on behalf of a child diagnosed with cerebral palsy in a case where the condition is believed to have been caused or worsened by medical negligence or malpractice. 

The goal of the lawsuit is to seek compensation for the financial, emotional, and physical impacts of the condition. These lawsuits typically fall under the category of medical malpractice birth injury cases.

The Main Elements of a Cerebral Palsy Lawsuit

While every cerebral palsy malpractice claim is unique, these lawsuits typically include the following elements:

• Allegation of Negligence. The lawsuit asserts that a healthcare provider, such as a doctor, nurse, or hospital, failed to meet the standard of care expected in the medical field, leading to the injury. Examples of negligence include failure to monitor fetal distress, improper use of delivery tools, delayed cesarean section, or failure to treat maternal or infant infections.
• Causation. It must be proven that the healthcare provider’s negligence directly caused or contributed to the child’s cerebral palsy. For instance, brain damage from oxygen deprivation during labor could be linked to medical errors and preventable medical mistakes.
• Damages. The lawsuit seeks compensation for the damages incurred as a result of the child’s condition. These damages may include past and future expenses (both past and future), costs for therapy, rehabilitation, and assistive devices, home modifications, or other specialized care needs. Potential damages in a cerebral palsy malpractice claim also include lost earning potential for the child in adulthood, pain and suffering endured by the child and family.

Common Grounds for Filing a Cerebral Palsy Lawsuit

Some typical reasons that a family would bring a cerebral palsy lawsuit include the failure to identify and manage maternal or fetal risk factors during pregnancy, a medical professional’s delayed response to complications during labor or delivery, the use of excessive force or improper techniques during delivery, or the failure to treat neonatal conditions like jaundice or infections.

The Process of a Cerebral Palsy Lawsuit

If you believe you have a valid cerebral palsy malpractice claim, the process typically goes as follows:

1. Consultation with an Attorney. A medical malpractice or birth injury attorney reviews the case to determine if negligence is likely involved.
2. Gathering Evidence. Medical records, expert opinions, and testimony are collected to establish that the standard of care was breached.
3. Filing the Lawsuit. The case is filed in court, naming the responsible parties (e.g., doctors, nurses, or hospital).
4. Negotiation and Trial. Many lawsuits are settled before going to trial, but some proceed to court where a judge or jury determines the outcome.

Our Law Firm’s Experience with Cerebral Palsy Lawsuit Settlements

We’re a Chicago-based birth injury lawyer firm specializing in medical malpractice with extensive experience representing clients in cerebral palsy malpractice. 

We have successfully litigated numerous cases where patients suffered harm due to cerebral palsy malpractice, successfully securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

Our Chicago cerebral palsy lawyer firm focuses on clients in Chicago, Illinois, and the surrounding areas. 

How Can a Cerebral Palsy Claim Help Me?

Filing a lawsuit can help families secure the resources they need to provide for the lifelong care and support a child with cerebral palsy may require.

It can also serve as a means of holding healthcare providers accountable to prevent similar cases in the future.

Filing a Cerebral Palsy Medical Malpractice Claim

Filing a cerebral palsy medical malpractice claim involves several steps.

Start by reaching out to a law firm that specializes in birth injury or cerebral palsy malpractice cases to evaluate your case, determine its viability, and guide you through the process.

Then you and your malpractice attorney need to determine the basis of your claim.

This means establishing that medical professionals (e.g., doctors, nurses, or hospital staff) were negligent or failed to meet the standard of care during pregnancy, labor, delivery, or postpartum care.

You must also show that this negligence directly caused or contributed to your child’s type of cerebral palsy diagnosed.

Common examples of negligence include delayed cesarean sections, mismanagement of fetal distress, failure to treat infections in the mother or baby, or improper use of delivery tools like forceps or vacuum extractors.

Your attorney will help you obtain medical records for the mother and child, including prenatal care records, labor and delivery notes, and neonatal care documentation.

These records will help your attorney and medical experts identify any signs of negligence or malpractice.

Next, your attorney will consult medical professionals to review the evidence.

These experts can determine whether the standard of care was breached and provide opinions linking negligence to your child’s condition.

Medical expert testimony is often required to proceed with a cerebral palsy malpractice claim.

From there, your experienced cerebral palsy lawyer will draft and file a formal complaint in the appropriate court.

The complaint will name the defendants (e.g., doctors, nurses, hospitals), detail the alleged acts of negligence, and specify the damages you are seeking (e.g., medical expenses, pain and suffering, future care costs).

The next step is discovery.

During the discovery phase, both sides exchange evidence, conduct depositions, and review expert reports.

This stage is critical for building your case.

The defendants may offer a settlement.

Many cerebral palsy malpractice cases are resolved through settlement negotiations, where the defendants agree to pay compensation without going to trial.

If this is the case, your attorney will negotiate to secure a fair settlement that covers your child’s needs.

If no settlement can be reached, the case proceeds to trial. At trial, your attorney will present evidence, call witnesses, and argue your case before a judge or jury.

If successful, you may receive compensation for past and future medical expenses, rehabilitation and therapy costs, special education and assistive devices as well as pain, suffering, and emotional distress and even lost earning potential.

If you think you have a cerebral palsy malpractice case, it is imperative to act quickly.

Medical malpractice claims are subject to statutes of limitations, which vary by state.

Delays could jeopardize your ability to file.

You should also maintain detailed records of your child’s medical care, diagnosis, and related expenses in order to potentially receive compensation for those costs.

Finally, remember that the primary goal of the lawsuit is to secure the resources necessary for your child’s long-term care and quality of life.

If you’re ready to move forward, begin by consulting a qualified attorney who can evaluate your case and guide you through the legal process.

Cerebral Palsy Medical Malpractice FAQs

1. What is cerebral palsy? 

Cerebral palsy is a neurological disorder that affects movement, muscle coordination, and posture, often caused by brain damage occurring before, during, or shortly after birth. There are different types of cp, like spastic cerebral palsy, ataxic cerebral palsy, and mixed cerebral palsy.

2. What are the risk factors for cerebral palsy?

Risk factors for cerebral palsy include premature birth, low birth weight, multiple pregnancies (such as twins or triplets), maternal infections during pregnancy, birth complications, and certain genetic factors.

3. Is cerebral palsy caused by medical malpractice?

Cerebral palsy can be caused by medical malpractice, such as errors during pregnancy, labor, delivery, or neonatal care that result in brain injury. Examples include failure to monitor or address fetal distress, delayed cesarean section, or mishandling delivery tools. 

However, not all cases of cerebral palsy are due to medical negligence, as the condition can also result from unavoidable factors like genetic abnormalities or infections.

4. Can cerebral palsy be caused by doctors?

Yes, cerebral palsy can be caused by doctors if medical negligence occurs during pregnancy, delivery, or newborn care. For example, failing to address fetal distress, delaying a necessary cesarean section, or improperly using delivery tools can result in brain injuries that lead to cerebral palsy.

That said, not all cases are due to medical error, as some arise from natural complications or factors beyond a doctor’s control.

5. Can you sue if your child has cerebral palsy?

Yes, you can sue if your child’s cerebral palsy was caused by medical negligence during pregnancy, delivery, or postpartum care. 

To have a valid cerebral palsy malpractice case, you must prove that a healthcare provider’s actions or inaction breached the standard of care and directly caused the condition. Successful medical malpractice lawsuits can provide compensation for medical expenses, therapy, and other long-term needs.

6. What is cerebral palsy compensation?

Cerebral palsy compensation is financial restitution awarded to families in legal cases where medical negligence caused or contributed to a child’s condition. It covers expenses like medical care, therapy, assistive devices, and pain and suffering to support the child’s long-term needs.

7. How do lawyers prove medical malpractice?

Lawyers prove medical malpractice by demonstrating that a healthcare provider failed to meet the accepted standard of care, resulting in harm to the patient. 

They gather evidence such as medical records, expert testimony, and witness statements to show what should have been done versus what occurred. 

For a malpractice case to be successful, it must also be proven that the provider’s negligence directly caused the cerebral palsy injury or worsened the condition. 

This often requires expert opinions to establish causation and the link between the negligence and the harm suffered.

8. How long do you have to file a cerebral palsy malpractice claim?

The statute of limitations for filing a claim for cerebral palsy caused by a birth injury varies by jurisdiction but typically ranges from one to several years after the injury or from the date the injury was discovered or should have been discovered. 

In Illinois, you have 8 years from the date of the injury, or before the child’s 22nd birthday (whichever is later) to file a claim.

9. Can you file a cerebral palsy malpractice claim against a doctor?

Yes, you can file a medical malpractice claim against a doctor if their negligent actions or omissions during pregnancy, labor, or delivery contributed to the child developing cerebral palsy.

10. Can you file a cerebral palsy malpractice claim against a hospital?

Yes, you can file a medical malpractice claim against a hospital or other negligent health care providers, such as inadequate staffing, failure to monitor fetal distress, or improper use of medical equipment, contributed to the child developing cerebral palsy.

11. Can you file a cerebral palsy malpractice claim against an emergency room?

Yes, you can file a medical malpractice claim against an emergency room if their negligent actions or failure to provide appropriate care during childbirth contributed to the child developing cerebral palsy.

12. Will a confirmation of cerebral palsy automatically lead to a valid legal claim against the health care provider?

A confirmation or diagnosis of cerebral palsy alone may not automatically lead to a valid legal claim against the healthcare provider, as it requires demonstrating that the condition resulted from the healthcare provider’s negligence or improper medical care during pregnancy, labor, or the birthing process. 

However, a confirmed diagnosis of cerebral palsy can be a critical piece of evidence in building a malpractice case if there is evidence of medical negligence contributing to the child’s condition.

13. What are the long term impacts of cerebral palsy?

Cerebral palsy’s impact can vary widely depending on the severity and type of the condition a given individual is diagnosed with, but they often include lifelong challenges with mobility, fine motor skills, muscle coordination, and daily activities.

Individuals with cerebral palsy may require ongoing medical care, therapies, assistive devices, and accommodations to manage their condition and maximize their quality of life. Cerebral palsy can also affect social interactions, educational opportunities, and employment prospects, leading to significant emotional and socioeconomic impacts throughout the individual’s life.

14.  If my child dies as a result of cerebral palsy, will the malpractice claim die as well?

If a child dies as a result of cerebral palsy, a malpractice claim may still proceed as a wrongful death lawsuit on behalf of the child’s estate and surviving family members, depending on the circumstances and applicable laws.

15. Does the state of Illinois apply any limits on cerebral palsy malpractice damages?

Illinois does not have statutory limits or caps on cerebral palsy malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a legal professional or check for any updates in the law prior to making a claim, as regulations can change over time.

16. How much compensation can I receive in a cerebral palsy malpractice lawsuit?

The amount of compensation you can receive for cerebral palsy malpractice in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering. 

Settlements or jury awards can range from thousands to millions of dollars. Consulting with a qualified attorney who specializes in cerebral palsy malpractice claims in your area can give you a better estimate based on the unique circumstances of your case.

17. What should you do if you think your child has cerebral palsy?

If you think your child has cerebral palsy, consult a pediatrician or specialist to evaluate their development and confirm a diagnosis through tests like MRIs or developmental assessments. Early intervention with therapies such as physical, occupational, or speech therapy can significantly improve your child’s abilities. 

If you suspect medical negligence caused the condition, consider consulting a birth injury attorney to explore your legal options.

18. How do you prove a birth injury resulting in cerebral palsy occurred during a malpractice case?

To prove a birth injury resulting in cerebral palsy during a malpractice case, you must show that a healthcare provider breached the standard of care during pregnancy, labor, delivery, or neonatal care. 

This involves presenting medical records, expert testimony, and evidence of actions (or inactions) that led to preventable complications, such as oxygen deprivation or trauma during birth. 

Additionally, it must be proven that this negligence directly caused the brain injury that resulted in cerebral palsy. Expert witnesses are often critical in establishing both the breach and causation.

19. Can you file a malpractice claim for cerebral palsy?

Yes, you can file a medical malpractice claim for cerebral palsy if you believe that the injury resulted from a healthcare provider’s negligence or errors during prenatal care, labor, or delivery. Filing a claim allows you to seek compensation for the damages incurred as a result, including medical expenses, pain and suffering, and other losses. 

It’s advisable to consult with a qualified attorney experienced in cerebral palsy malpractice cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have A Cerebral Palsy Malpractice Claim In Chicago, Illinois

Do you think you have a cerebral palsy malpractice case based on a birth injury resulting in cerebral palsy that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago birth injury lawyers for a free consultation today.