If your child has cerebral palsy due to birth injuries, you may be entitled to legal compensation.
Working with an experienced cerebral palsy lawyer or a Chicago birth injury lawyer who specializes in birth injury lawsuit cases can be the first step towards recovering damages in these complicated and difficult situations.
The experienced and established cerebral palsy lawyers at Zayed Law Offices Personal Injury Attorneys are ready to represent you and your child or family member’s interests in court if you or they have been involved in a situation that resulted in a birth injury due to causes that may include but are not limited to:
- Failure to recognize that a C-section should have been performed
- Failure to perform a C-section early enough during delivery
- Failure to monitor the fetus during childbirth
- Brachial plexus birth injuries (shoulder nerve injuries)
- Shoulder dystocia birth
Caring for someone with cerebral palsy can be complex and emotionally challenging, especially if it resulted from medical negligence.
Our cerebral palsy lawyers understand that compensation for your medical bills and other costs is only one part of what you are seeking help with.
We offer emotional support, legal guidance, and advocacy for you at all times during your case.
We recognize that you are being faced with innumerable challenges and we will do whatever is necessary to protect your best interests during a cerebral palsy lawsuit or any other legal claim.
What is Cerebral Palsy?
Cerebral palsy is a group of disorders that affect an individual’s ability to move easily or freely and maintain their balance and posture.
The name comes from the Latin “cerebrum” or to do with the brain and “palsy” describing a weakness in or problems with the muscles.
This common motor disability is often caused by a birth injury or other injury caused by damage to the brain, usually during labor and delivery or traumatic childbirth.
Certain types of cerebral palsy stem from birth injuries, causing brain issues, impacting future muscle control in affected children.
Any type of cerebral palsy that develops during, before, or immediately after birth is referred to as congenital cerebral palsy.
Although the exact cause of cerebral palsy is not always known, congenital cerebral palsy is considered to make up around 85% – 90% of all cerebral palsy cases.
What is Erb’s Palsy?
Erb’s palsy is a specific condition similar to cerebral palsy that can occur in a newborn that is the result of a birth injury like shoulder dystocia or brachial plexus injuries that cause damage to the neck nerves.
Brachial plexus and shoulder dystocia are injuries that involve a specific nerve group that stems from the spinal cord.
Specifically, Erb’s palsy or cerebral palsy affects the baby’s ability to rotate, move, and flex one or both arms.
The severity of birth injuries like cerebral palsy or Erb’s palsy determines the lifelong need for medical care.
What Causes Cerebral Palsy?
There are a number of causes for cerebral palsy.
Birth injuries can lead to cerebral palsy and often trigger lawsuits for cerebral palsy caused by birth injuries.
Cerebral palsy occurs when oxygen supply is disrupted at birth, leading to brain cell death in the baby’s brain.
Cerebral palsy can result from brain infections like meningitis before birth, during birth, or in early childhood.
What are the Signs of Cerebral Palsy?
Cerebral palsy symptoms can include: stiffness, spasticity, uncontrollable movements (dyskinesia), and poor balance (ataxia).
However, in infants, the signs can be harder to detect. Some of the indicators of cerebral palsy in infants include but are not limited to:
- Delayed milestones (such as inability to sit up at 8 months or not walking by 18 months)
- Hypotonia (the infant seeming too stiff or too floppy)
- Weak arms or legs or both
- Fidgety, jerky, or clumsy movements
- Random and uncontrolled movements
- Muscle spasms
- Tremors or shaking hands
Watch the video above to learn more.
If you suspect cerebral palsy, contact a medical professional. For birth injury cases, consult experienced personal injury attorneys.
Current Cerebral Palsy Laws in Chicago, IL
There is precedent to filing lawsuits for cerebral palsy and other birth injuries.
If your child’s birth injury was due to medical malpractice, you can sue for cerebral palsy or related conditions.
Is Cerebral Palsy Caused by Medical Malpractice?
Cerebral palsy may stem from medical errors, like a delayed C-section, leading to oxygen shortage, due to negligence or malpractice.
Medical negligence can cause shoulder, neck, or brachial plexus birth injuries, including shoulder dystocia and other related conditions.
If you suspect a birth injury causing cerebral palsy, consult an experienced lawyer for potential lawsuit guidance.
Why Do I Need a Cerebral Palsy Lawyer or Medical Malpractice Lawyer in Chicago, Illinois?
You may require a lawyer if you believe medical malpractice occurred during birth resulting in cerebral palsy.
Cerebral palsy can have long-term effects on your child’s health and well-being. They may be permanently disabled and require life-long care, or they may otherwise experience a reduced quality of life.
If you are unsure, schedule a free consultation with an experienced cerebral palsy attorney at Zayed Law Offices Personal Injury Attorneys.
Your consultation will always be free and you will not pay lawyer’s fees unless we recover compensation for you.
What Is Medical Malpractice?
Medical malpractice is used to describe conduct by a healthcare professional that deviates from the applicable standard of care.
A standard of care is the minimum level of care for healthcare providers in similar situations.
When medical malpractice is committed, the standard of care is considered to have been violated.
Violations of the standard of care occur in two situations:
- When a healthcare provider does something that a reasonably careful provider would not do in that situation.
- When a healthcare provider fails to perform an action that a reasonably careful provider would perform.
While doctors often undertake risky procedures in tough circumstances without any guarantee of success for their patients, a poor result alone is not sufficient evidence of medical malpractice.
However, if the results of a medical procedure are very unexpected, it can be evidence of malpractice and be solid grounds for a future medical malpractice claim.
If you or a family member undergoes a medical procedure and the results seem to be completely at odds with expectations or otherwise extremely unusual or unlikely, then you should consult with an experienced medical malpractice attorney as soon as possible.
A malpractice lawyer reviews medical records, orders tests, and proceeds with the case involving healthcare professionals treating the individual.
Why Should I Hire a Cerebral Palsy Birth Injury Lawyer in Chicago, IL?
If someone you know has cerebral palsy due to birth injury, consult an experienced birth injury lawyer for help. They understand these cases.
Our cerebral palsy lawyers at Zayed Law Offices Personal Injury Attorneys are highly qualified to handle birth injury cases.
Our attorneys secure compensation, quality care, and cost mitigation for children with cerebral palsy and similar birth injuries.
Contact the cerebral palsy attorneys at Zayed Law Offices Personal Injury Attorneys to learn more about your rights.
Who is at Fault in a Cerebral Palsy Lawsuit?
Multiple parties can be at fault in a medical malpractice or cerebral palsy birth injury lawsuit.
Individual healthcare providers like doctors, nurses, and institutions they’re affiliated with can share responsibility in a case.
Your birth injury lawyer will identify responsible parties and file suit in the right jurisdiction for cerebral palsy malpractice.
When Do I Hire a Cerebral Palsy Lawyer in Chicago, Illinois?
In Illinois, the statute of limitations for injury or wrongful death lawsuits is two years from the event. Some nuances apply.
The statute of limitations for medical malpractice varies from 1-7 years or longer, especially for birth injuries like cerebral palsy.
If you suspect cerebral palsy from birth injury, consult our personal injury lawyer promptly for guidance on statutes of limitations.
How Do I File a Cerebral Palsy Lawsuit in Chicago, IL?
The cerebral palsy lawsuit process begins when you contact a personal injury lawyer to discuss your potential case.
They will advise you as to the next steps and contact the appropriate parties from your insurance company, the healthcare provider’s insurance company, and others.
Do not speak to insurance company representatives or anyone else involved in the potential or current lawsuit unless it is via your birth injury attorney.
You will also want to obtain copies of your medical records.
All patients have a legal right to obtain a copy of their medical records, and parents have a right to obtain the medical records of their minor children.
A request for medical records should be made in writing and must include details like the patient’s social security number, address, date of birth, and other pertinent details.
Requesting medical records must be done in a timely fashion and may require payment or fees due to the records department of the medical facility or institution providing the records.
How do I Start the Cerebral Palsy Lawsuit Process in Chicago, Illinois?
The cerebral palsy lawsuit process begins when you contact a personal injury lawyer to discuss your potential case.
They will advise you as to the next steps and contact the appropriate parties from your insurance company, the healthcare provider’s insurance company, and others.
Do not speak to insurance company representatives or anyone else involved in the potential or current lawsuit unless it is via your cerebral palsy lawyer.
You will also want to obtain copies of your medical records.
All patients have a legal right to obtain a copy of their medical records, and parents have a right to obtain the medical records of their minor children.
A request for medical records should be made in writing and must include details like the patient’s social security number, address, date of birth, and other pertinent details.
Requesting medical records must be done in a timely fashion and may require payment or fees due to the records department of the medical facility or institution providing the records.
Statute of Limitations for Cerebral Palsy Birth Injury Cases in Chicago, IL
In Illinois, the statute of limitations on any type of birth injury claims or lawsuits clearly states that lawsuits may be filed within eight years of the birth injury.
However, if the child is disabled due to a birth injury such as cerebral palsy, the statute of limitations extends until that individual reaches twenty-two years of age, since the extent of birth injuries may not become truly apparent until the child is older.
Consent to Medical Treatment and Cerebral Palsy Lawsuits
While any medical treatment requires that you or your guardian (in the case of a minor or child) sign the necessary consent forms, merely signing the form does not mean that you do not have a cerebral palsy medical malpractice case or that you have consented to medical treatment below the applicable standard of care owed by all health care providers and professionals to their patients.
Types of Recovery and Damages in Cerebral Palsy Lawsuits in Chicago, IL
When a child suffers a severe birth injury resulting in cerebral palsy that is caused by medical malpractice or medical negligence, the family involved may be owed monetary damages to compensate for their losses.
This compensation or recovery of damages can cover both monetary losses (e.g., medical bills) and intangible losses such as a reduced quality of life.
The damages recovered during a cerebral palsy lawsuit include but are not limited to past and future medical expenses, additional health care costs including counseling, occupational therapy, in-home care providers, special vehicles or equipment, and modifications to the home, lost wages, loss of society and companionship, loss of life’s enjoyment, and pain and suffering or emotional distress.
While the exact amounts recovered for damages in a cerebral palsy lawsuit case vary based on the type of injury, the extent of the damage, and a number of other factors unique to each case, the total compensation typically covers immediate and future medical costs and the care required to maintain the best possible quality of life for the child who suffered the birth injury resulting in cerebral palsy.
Compensation for pain and suffering or emotional distress may also be involved. If there was a fatality related to a birth injury, then there may be a case for a wrongful death lawsuit as well.
Amounts recovered from medical malpractice lawsuits are generally not taxable in Illinois or most other states.
Cerebral Palsy Lawsuit Trials
A cerebral palsy birth injury case can settle out of court. If not, it might go to trial for medical malpractice.
Cerebral palsy lawsuits go to trial due to a number of reasons.
If the negligent party is solely at fault and their insurance denies it, the case may go to trial. A judge and jury will decide damages.
Chicago, IL Is Home to Many Hospitals and Care Options
If you are pregnant or have another medical necessity, you can choose from hospitals in the area, including the following:
- Northwestern Memorial Hospital
- Rush University Medical Center
- University of Chicago Medical Center
- Loyola University Medical Center
- Advocate Christ Medical Center
- NorthShore University HealthSystem-Metro Chicago.
Each of the hospitals in this list has many staff members who are respected members of the medical community.
When you go to a hospital, you hope for a smooth procedure without unexpected problems from healthcare providers.
This includes expecting a birth to go as planned and not compromise your child’s health or safety.
However effectively staff might manage a hospital, mistakes do happen, and problems will arise. The pandemic strains supply and staff due to high national demand, especially true for this issue.
If you have gone to one of Chicago’s medical centers and received a procedure that led to a complication or an unforeseen development, you may have experienced medical malpractice.
If you think you might have experienced medical malpractice, do not accuse your healthcare provider directly.
Alert them early to potential issues. They might hire an attorney and start their defense before you realize your damages. Request medical records and contact a malpractice attorney promptly for help with your case.
Zayed Law Offices Personal Injury Attorneys Has the Medical Malpractice Experience You Need
When hiring attorneys, find someone with relevant experience. They know procedures and precedents. Attorneys, like doctors, might focus their work in one area — car accidents, medical malpractice.
A medical malpractice attorney with experience in a particular area learns the norms of filing and negotiating similar cases and what amounts courts awarded in prior cases. Zayed Law Offices Personal Injury Attorneys’ attorneys, with decades of legal experience, streamline negotiations, making it more logical and efficient.
Zayed Law Offices Personal Injury Attorneys strives for your full medical malpractice damages. We aim to make your lawsuit cover all expenses, now and later.
You can recover short-term medical bills for injuries and long-term costs like treatment, meds, and rehab to make you whole. If injury leads to disability hindering your lifestyle or earning capacity, you’re entitled to compensation. In that case, you may recover compensation for your lost earnings and changes in lifestyle.
Measuring and Collecting Damages in Chicago, IL Is a Complex Process, and Zayed Law Offices Personal Injury Attorneys Can Help
Accurately measuring your total damages, including your short and long-term costs and any inhibitors or changes to your working and personal life, is very complex. For example, suppose you have experienced a disability because of your medical malpractice injury that limits your ability to return to a job that pays as well as before. In that case, your compensation will include your lost earnings potential.
To calculate lost earnings potential, compare earnings before and after the accident. If you will make $10,000 fewer dollars each year and you have 30 years of working life remaining, then you will multiply $10,000 by 30. You will then have to account for inflation, the cost of living changes, and compute that amount into present-day value.
Calculating your deserved compensation post-medical malpractice needs expertise in the field and lawsuit familiarity. There might be a norm established by other cases that have settled out of court. Settlement amounts aren’t public, but Zayed Law Offices Personal Injury Attorneys’ experienced attorneys understand industry norms and can maximize your claim’s value.
Your Medical Malpractice Attorneys Advocates for the Best Outcome in Your Case in Chicago, Illinois
To get full compensation for medical malpractice, measure damages accurately and either negotiate a settlement or win a lawsuit. To complete this, you need local law knowledge for filing, negotiation, damage calculation, and injury measurement to determine your amount.
Connecting with a medical malpractice attorney as soon as possible after your procedure that may have caused the improper injury will support the collection of the evidence you need to achieve the best possible outcome in your case.
Your attorney steps into your shoes and handles all negotiations and communications with the doctor and the healthcare institution that injured you.
In reality, the parties that you will ultimately be dealing with are the claim specialists and attorneys of the insurance companies that represent your doctor and their employer. Doctors and healthcare organizations carry medical malpractice insurance. If they injure a patient, they are covered for related damages and do not need to pay from their own pockets.
You will not take money out of your doctor’s pockets or from the hospital’s budget; instead, it is more likely that you will recover compensation from an insurance company.
Insurance companies have teams of full-time attorneys and claim specialists working to deny and reduce whatever claims they can. You can level the playing field by hiring your own attorney.
Our Chicago Medical Malpractice Law Firm is Here to Help
Cerebral palsy or a traumatic birth can catastrophically impact your child, family, and career in complex, devastating ways.
Cerebral palsy’s impact endures, affecting health, costs, income, and family’s future. Earning capacity loss or caretaking responsibilities add challenges.
If you lost a loved one to birthing injury or health issues like severe cerebral palsy, you deserve a settlement. Grieving is tough; dealing with insurance companies adds stress.
Work with an experienced birth injury attorney to recover costs for pain, suffering, medical bills, and emotional distress related to cerebral palsy.
Does your child or family member suffer from cerebral palsy and do you think you need a birth injury lawyer to help you file a lawsuit and recover compensation for damages?
We welcome the opportunity to speak with you about your legal situation and help you determine the next steps.
Please contact Zayed Law Offices Personal Injury Attorneys in Chicago and schedule a free case review and confidential initial consultation by completing our short contact form.
We’ll schedule a time that is convenient for you and please note that you will not pay lawyer’s fees unless we recover compensation for you.
