Every year, approximately 10,000 babies in the United States are diagnosed with cerebral palsy. For many families, this diagnosis comes after a traumatic birth where medical professionals failed to act appropriately. If your child has been diagnosed with cerebral palsy and you suspect medical negligence played a role, understanding your legal rights is the first step toward securing your child’s future.
At Phillips Law Offices, our Chicago birth injury attorneys have spent over 30 years helping families navigate the complex intersection of medicine and law. This guide will help you understand how birth injuries cause cerebral palsy, what legal options are available to your family, and what compensation may help provide for your child’s lifetime care needs.
What Is Cerebral Palsy?
Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and posture. It’s caused by damage to the developing brain, most often before or during birth. The word “cerebral” refers to the brain, while “palsy” refers to weakness or problems with muscle control.
Children with cerebral palsy may experience:
- Stiff or tight muscles (spasticity)
- Uncontrolled movements
- Poor balance and coordination
- Difficulty walking or delays in motor skill development
- Problems with speech, swallowing, or eating
- Seizures
- Intellectual disabilities (in some cases)
The severity of cerebral palsy varies significantly. Some children have mild symptoms and can walk independently, while others require wheelchairs and round-the-clock care for their entire lives.
How Birth Injuries Cause Cerebral Palsy
While some cases of cerebral palsy occur due to genetic factors or infections during pregnancy, a significant percentage result from preventable birth injuries. The most common cause is oxygen deprivation (hypoxia or asphyxia) during labor and delivery.
Oxygen Deprivation (Birth Asphyxia)
When a baby’s brain is deprived of oxygen for even a few minutes, permanent brain damage can occur. This can happen due to:
- Umbilical cord problems: Prolapsed cord, cord wrapped around neck (nuchal cord), or compressed cord
- Placental abruption: When the placenta separates from the uterine wall prematurely
- Prolonged labor: Extended labor that puts stress on the baby
- Uterine rupture: A tear in the uterus during labor
- Delayed emergency C-section: When doctors wait too long to perform a necessary cesarean delivery
Physical Trauma During Delivery
Brain damage can also result from physical trauma, including:
- Improper use of forceps: Excessive force or incorrect placement
- Vacuum extraction injuries: Improper use of vacuum-assisted delivery devices
- Failure to address shoulder dystocia: When the baby’s shoulder gets stuck behind the mother’s pelvic bone
Untreated Infections
Certain maternal infections, if not properly diagnosed and treated, can cause brain damage leading to cerebral palsy:
- Group B streptococcus (GBS)
- Chorioamnionitis (infection of the amniotic fluid)
- Meningitis contracted during delivery
Signs of Medical Negligence in Cerebral Palsy Cases
Not every case of cerebral palsy is caused by medical malpractice. However, you should consult with a birth injury attorney if any of the following occurred:
- Fetal heart rate monitoring showed signs of distress that were ignored or misinterpreted
- There was a significant delay in performing an emergency C-section
- Forceps or vacuum extractors were used improperly
- Your labor was unusually long or difficult
- Doctors failed to diagnose or treat an infection during pregnancy
- The baby required resuscitation immediately after birth
- The baby had low Apgar scores at birth
- The baby was admitted to the NICU immediately after delivery
- Doctors diagnosed hypoxic-ischemic encephalopathy (HIE) after birth
Illinois Medical Malpractice Law: Statute of Limitations for Birth Injury Cases
Illinois provides special protections for minors in medical malpractice cases. Under 735 ILCS 5/13-212 (the Illinois medical malpractice statute of limitations), the filing deadlines are:
For Your Child’s Claim
- 8 years from the date of the negligent act, but
- No later than the child’s 22nd birthday
For Parents’ Individual Claims
Parents may have separate claims for emotional distress, loss of consortium, and medical expenses they’ve incurred. These claims must be filed within:
- 2 years from the date you knew or should have known about the injury and its connection to medical negligence
- Subject to a 4-year statute of repose from the date of the negligent act
Important: While these timelines may seem generous, we strongly recommend acting sooner rather than later. Medical records can be lost, witnesses’ memories fade, and evidence becomes harder to preserve over time. Building a strong birth injury case requires extensive investigation and expert consultation.
Source: Illinois General Assembly – 735 ILCS 5/13-212
What Compensation Is Available?
Cerebral palsy is a lifelong condition. The compensation in these cases must account for decades of care, treatment, and support. Under Illinois law, damages may include:
Economic Damages
- Past and future medical expenses: Hospitalizations, surgeries, medications, therapies
- Physical, occupational, and speech therapy: Often needed throughout life
- Assistive devices and equipment: Wheelchairs, walkers, communication devices, home modifications
- Special education costs: Tutoring, specialized schooling
- In-home care and nursing: Round-the-clock care for severe cases
- Lost future earning capacity: Compensation for wages your child may never be able to earn
Non-Economic Damages
- Pain and suffering: Physical pain and emotional distress
- Loss of enjoyment of life: Inability to participate in normal activities
- Disfigurement: Visible physical changes resulting from the condition
Note: Illinois does not cap damages in medical malpractice cases. The Illinois Supreme Court ruled damage caps unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010). This means your family can recover the full value of your child’s lifetime care needs.
Lifetime care costs for a child with severe cerebral palsy can exceed $1 million or more. An experienced birth injury attorney will work with medical experts, life care planners, and economists to calculate the full extent of your child’s needs.
Illinois Comparative Negligence Law
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means:
- You can recover damages if you are less than 50% at fault for the injury
- Your recovery is reduced by your percentage of fault
- If you are 50% or more at fault, you cannot recover damages
In birth injury cases, comparative fault is rarely an issue since the infant cannot be at fault. However, defense attorneys sometimes try to argue that the mother’s actions contributed to the injury. An experienced attorney knows how to counter these arguments.
How Phillips Law Offices Investigates Birth Injury Cases
Proving medical negligence in a cerebral palsy case requires extensive investigation and expert testimony. Our process includes:
1. Comprehensive Medical Record Review
We obtain and analyze all relevant medical records, including:
- Prenatal care records
- Fetal heart rate monitoring strips
- Labor and delivery records
- Nursing notes
- Neonatal records
- Diagnostic imaging (MRIs, CT scans)
2. Expert Medical Consultation
We work with leading medical experts in obstetrics, neonatology, pediatric neurology, and other specialties to:
- Determine whether the standard of care was breached
- Establish the cause and timing of the brain injury
- Connect the negligence to your child’s cerebral palsy diagnosis
3. Life Care Planning
We retain life care planners to develop comprehensive assessments of your child’s future needs, ensuring any settlement or verdict accounts for lifetime care costs.
Steps Parents Should Take
If you suspect your child’s cerebral palsy was caused by medical negligence:
- Document everything: Keep a journal of your child’s symptoms, doctor’s appointments, and developmental milestones
- Request medical records: You have a legal right to copies of all medical records related to your pregnancy, labor, delivery, and your child’s treatment
- Don’t delay: Evidence preservation is critical in these cases
- Consult a birth injury attorney: Most birth injury lawyers, including Phillips Law Offices, offer free consultations and work on contingency (no fee unless you win)
Related Birth Injury Resources
Learn more about specific birth injuries and your legal options:
- HIE (Hypoxic-Ischemic Encephalopathy): When Medical Negligence Causes Brain Damage
- Erb’s Palsy Birth Injury: Causes, Signs & Legal Options
- Delayed C-Section Birth Injuries: When Minutes Matter
Why Choose Phillips Law Offices?
For over 30 years, Phillips Law Offices has been a leading advocate for birth injury victims in Chicago and throughout Illinois. Our track record includes:
- Millions of dollars recovered for families affected by birth injuries
- Access to top medical experts nationwide
- Resources to take on hospitals and insurance companies
- Compassionate, personalized attention for every family we represent
We understand that no amount of money can undo the harm caused to your child. But a successful birth injury claim can provide the financial resources your family needs to give your child the best possible care and quality of life.
Free Consultation: Get Answers Today
If your child has been diagnosed with cerebral palsy and you believe medical negligence may be the cause, contact Phillips Law Offices today for a free, confidential consultation.
Call us at (312) 346-4262 or contact us online to schedule your free case review. There’s no obligation, and we don’t charge any fees unless we win your case.
Phillips Law Offices represents families throughout Chicago, Cook County, and all of Illinois in birth injury and medical malpractice cases.