Chicago Cerebral Palsy Lawyer
If your child has been diagnosed with cerebral palsy, a birth injury may be to blame. Birth injuries often occur when doctors, midwives, and nurses make critical errors during prenatal care, labor, delivery, or the few minutes following birth. Our nationally recognized Chicago cerebral palsy lawyers can help you pursue substantial compensation through a cerebral palsy lawsuit.
- How Can a Cerebral Palsy Lawyer Help Me?
- Who Is Liable for Cerebral Palsy Injuries?
- How Can You Prove Cerebral Palsy Is Related To a Birth Injury/Medical Malpractice?
- Time Limits and Deadlines for Cerebral Palsy Lawsuits
- What Compensation Can I Receive for a Cerebral Palsy Injury?
- FAQs About Cerebral Palsy
- Contact Our Cerebral Palsy Attorneys for Legal Help Today
Cerebral palsy often occurs when a baby is deprived of oxygen during labor or delivery or shortly after birth. It only takes a few moments for oxygen deprivation to damage the brain enough to cause cerebral palsy. Health care providers have a legal duty to provide a reasonable standard of care during pregnancy, labor, and birth.
When health care providers fail to detect fetal distress, delay a C-section, or fail to provide competent prenatal care, they are liable for the harm that follows. Our nationally recognized Chicago medical malpractice lawyers are dedicated to holding negligent providers accountable.
How Can a Cerebral Palsy Lawyer Help Me?
Cerebral palsy is often diagnosed months or years after birth. Connecting a cerebral palsy diagnosis to a medical error during pregnancy or birth requires in-depth medical knowledge. We have been holding negligent health care providers accountable for birth injuries for over 32 years and have developed the most effective and aggressive approach for each birth injury case. Since 1992, we have won over $2 billion in settlements and verdicts.
Our attorneys at Levin & Perconti have a network of the best experts in the field working for us, and we will use these connections to strengthen your case. Our financial resources allow us to invest every dollar necessary to successfully prosecute your case so you recover full compensation.
When you work with our world-class Chicago cerebral palsy attorneys, you will receive compassionate service from a responsive team of dedicated attorneys who will keep you informed and refuse to give up until you recover the compensation you deserve.
Case Results
Settlement
for a young girl who suffered a brain injury during birth leading to cerebral palsy when the physicians failed to timely perform a C-section.
$4.5 Million
Settlement
for a child who suffered brain damage causing cerebral palsy after a family practice physician failed to perform a timely C-section despite fetal distress.
$2.35 Million
Settlement
for a child who suffered severe brain injury and cerebral palsy from an avoidable uterine rupture in a vaginal birth after Caesarean, or VBAC, delivery.
What Our Clients Say
We have received hundreds of unsolicited client testimonials from our thousands of satisfied medical malpractice clients, including the following:
Meet Our Birth Injury Lawyers
Our Chicago birth injury lawyers are national advocates for families of children living with cerebral palsy and nationwide leaders in birth injury litigation. They have won numerous settlements and verdicts in the millions and tens of millions for birth injury victims and grieving parents.
Dov Apfel
Dov Apfel has more than 40 years of experience representing families and children coping with cerebral palsy. He is a respected authority on birth injury litigation and has trained lawyers, paralegals, judges, and health care providers about the impact of birth injuries and cerebral palsy. He is the author of a landmark law review article that set the standard for how to handle birth injury litigation.
Seth Cardeli
Seth Cardeli has over a decade of experience representing children with cerebral palsy and their families. He regularly conducts educational seminars for other attorneys on birth injuries and fetal monitoring and has authored several legal journal articles on topics ranging from successful trial strategies in birth injury litigation to negligence during neonatal resuscitation.
Who Is Liable for Cerebral Palsy Injuries?
Any licensed health care provider who causes or contributes to a birth injury that leads to cerebral palsy may be liable. The parties liable for your child’s case may be one or more of the following, depending on when the error occurred:
- During pregnancy – obstetricians, gynecologists, midwives, pharmacists, and other prenatal care providers
- During labor and delivery – obstetricians, midwives, anesthesiologists, nurses, surgeons, pharmacists, hospitals, birthing centers
- After birth – obstetricians, midwives, pediatricians, hospitals, pharmacists
How Can You Prove Cerebral Palsy Is Related To a Birth Injury/Medical Malpractice?
To recover compensation for medical malpractice leading to cerebral palsy, you must prove that a health care provider breached their duty to provide a reasonable standard of care and this failure is the actual and proximate cause of cerebral palsy. You generally need testimony from a qualified medical expert who understands the medical standards your health care providers should have followed. This expert testimony and the medical evidence must establish the following:
- Your child has been diagnosed with cerebral palsy.
- Your child suffered an injury during pregnancy, labor, birth, or shortly after birth.
- The injury caused damage to the part of the brain that controls movement, resulting in cerebral palsy.
- The health care provider’s actions were inconsistent with established medical standards.
- The injury would not have happened were it not for the breach of duty.
Time Limits and Deadlines for Cerebral Palsy Lawsuits
The deadline for filing a birth injury lawsuit in Illinois varies depending on whether the claim is brought on behalf of the parents or the child. According to the Illinois medical malpractice statute of limitations, parents have two years from the date of the diagnosis to file a cerebral palsy lawsuit. However, the parents must file the lawsuit no later than four years after the date of the doctor’s error. You have until the child’s eighth birthday to file a claim on behalf of the child.
What Compensation Can I Receive for a Cerebral Palsy Injury?
A child who suffers injuries from negligent medical care resulting in cerebral palsy may require extensive ongoing treatment. Mounting medical expenses can put a strain on your family’s finances. One advantage of pursuing a medical malpractice claim is to obtain the funds to pay for your child’s long-term medical needs, prescription drugs, assistive devices or equipment, and attendant care to help them achieve their full potential.
Types of damages may differ depending on the jurisdiction or state where your case occurs. In general, you may receive compensation for the following losses and damages:
- Past, present, and future or expected medical expenses
- Lost wages or loss of income if you need to leave your job to provide 24/7 care for your infant
- Pain and suffering
- Loss of enjoyment of life
- Therapy costs
- Housing accommodations or changes made to your home to make it more accessible for your child
- Other necessary services, such as respite care or an in-home medical attendant or caregiver
Does My Child Qualify for Any Other Financial Assistance or Government Benefits?
Children with cerebral palsy may be able to receive disability benefits through Supplemental Security Income or Social Security Disability Insurance.
Supplemental Security Income, or SSI, is a needs-based program that provides monthly assistance to people with disabilities and low income, including children and adults with cerebral palsy. To qualify, you cannot have household income exceeding the limits set by Social Security. The limits vary based on the number of people in your household and the type of income you already receive.
If you have other children, these limits may be higher. Adult children with cerebral palsy not living with parents may be eligible for SSI if their earned income is no higher than $1,971 per month or their monthly unearned income is less than $963.
Social Security Disability Insurance, or SSDI, provides monthly compensation to those with a sufficient work history who can no longer work because of qualifying disabilities. This benefit is available to adult children with cerebral palsy based on a parent’s earnings record when cerebral palsy prevents them from performing any type of work.
People receiving SSI usually qualify for health insurance through Medicaid. SSDI recipients can receive Medicare two years after their benefits become effective.
FAQs About Cerebral Palsy
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How Common Are Cerebral Palsy Injuries in the U.S.?
The neurologic and cognitive impairments resulting from the many CP disorders can cause significant emotional and financial strain on the affected child and family members. Rates of CP vary worldwide and by geographical region, but overall, CP in the United States happens in approximately 2-3 per 1,000 live births, with fluctuations commonly occurring by state and hospital.
How Do Babies Develop Cerebral Palsy?
CP is often the result of an injury or problem occurring during brain development in utero or within the first formative years of life. Children born prematurely have a higher chance of developing CP. Additionally, when fetuses or newborns don’t get enough blood, oxygen, or other nutrients before or during birth, they might suffer brain injuries that lead to a CP diagnosis. Lastly, if a child suffers a significant head injury or exposure to certain infections affecting the brain, such as meningitis, they can sometimes develop CP.
Medical errors that may lead to cerebral palsy include:
- Untimely C-section
- Failure to detect signs of fetal distress
- Failure to diagnose or treat maternal infections during pregnancy
- Mismanaged shoulder dystocia
- Vacuum extraction injuries
- Forceps injuries
- Failure to appropriately address umbilical cord compression
What Are the Common Symptoms of Cerebral Palsy?
The most common early symptom of cerebral palsy is an infant’s inability to meet developmental milestones at the expected ages, such as head control by two months, rolling over by four months, sitting up unassisted by six months, and walking by one year. These symptoms can vary based on severity.
In children with mild cases, you may not notice symptoms until the child is older and begins struggling with daily activities that require fine motor skills, such as buttoning clothes, eating, and writing.
What Are the Different Types of Cerebral Palsy?
The following are the four types of cerebral palsy:
- Spastic cerebral palsy – excessive muscle tone, leading to stiffness, pain, and paralysis, accounting for 80 percent of cases
- Dyskinetic cerebral palsy – involuntary movement, loss of muscle tone, pain, and, in some cases, trouble swallowing, speaking, or sleeping
- Ataxic cerebral palsy – lack of balance and coordination, tremors, shaky movements, and difficulty controlling voluntary movements
- Mixed cerebral palsy – a combination of two or three types of cerebral palsy
How Long Do Babies with Cerebral Palsy Live?
According to the medical journal Brain Sciences, cerebral palsy typically does not affect life span. However, those with cerebral palsy experience lifelong challenges that may increase after they reach adulthood. People with severe cases may be unable to live independently. Even those who can live independently often have difficulty accessing ongoing rehabilitation therapy needed to maintain their physical and cognitive skills throughout life, resulting in a reduced quality of life.
What Is the Lifetime Cost of a Cerebral Palsy Diagnosis?
The average lifetime cost of cerebral palsy is $1.2 million per person, according to Brain Sciences. Federal and community resources for people with disabilities are rarely sufficient to meet these needs. Financial compensation through a cerebral palsy lawsuit can increase your child’s access to effective medical care throughout life and ensure they enjoy the quality of life they deserve.
Contact Our Cerebral Palsy Attorneys for Legal Help Today
Our experienced Chicago cerebral palsy lawyers have been holding negligent health care providers accountable for birth injuries leading to cerebral palsy since 1992. We never settle for less than fair compensation and are not afraid to take cases to trial. As a result, we have recovered over $2 billion in successful case results. We charge nothing upfront, and you only pay us if we win. Contact us online today or call (312) 332-2872 to schedule a free consultation.
Legally Reviewed by
Dov Apfel
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Related Pages
- Birth Injury Lawyer
- Birth Asphyxia
- Brachial Plexus Injury
- Breech Birth Complications
- Cerebral Palsy
- Erb's Palsy
- Gestational Diabetes Misdiagnosis
- Hypoxic-Ischemic Encephalopathy (HIE)
- Neonatal Seizures
- Oxygen Deprivation
- Preeclampsia Misdiagnosis
- Shoulder Dystocia
- Statute of Limitations by State
- Stillbirth Lawsuit
- Umbilical Cord Compression
- Untimely C-Section
- Vacuum Extraction Injury
Notable Results
SETTLEMENT
for the family of a child who suffered brain injury due to lack of oxygen during her birth
SETTLEMENT
for a child who suffered brain damage causing cerebral palsy as a result of a family practice physician's failure to perform a timely C-section
VERDICT
for a child who died as a result of a doctor’s failure to diagnose the mother with an immune disorder while pregnant
Birth Injury Awards
In 2024, Michael Bonamarte, Seth Cardeli, and Cari Silverman won the Trial Excellence award at the Jury Verdict Reporter reception and awards ceremony for their groundbreaking $40 million verdict on behalf of a client who suffered a birth injury. This is the highest ever reported medical malpractice verdict outside of Cook County, IL at the time of reporting and the highest ever verdict in Coles County.
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