Facing a cerebral palsy (CP) diagnosis for your child can be profoundly overwhelming, especially when the condition stems from medical malpractice or birth injury. Understanding that something went wrong can evoke many different emotions and questions about the future.
Acting swiftly by seeking legal guidance is critical when you suspect that medical negligence contributed to your baby’s brain injury.
Keep reading to learn more about the compensation you can obtain for these birth injury cases, and how Rosenfeld Injury Lawyers can help.
Can You Sue For Cerebral Palsy?
Yes, you can sue if it is believed that negligence caused cerebral palsy. Families would typically pursue compensation through a medical malpractice lawsuit when mistakes made before, during, or shortly after birth result in this condition.
Proving negligence requires demonstrating that the healthcare providers did not meet the standard of care and directly led to the child’s cerebral palsy.
The Role of Cerebral Palsy Lawyers in Your Case
Our cerebral palsy lawyers play a crucial role in advocating for the rights and needs of individuals diagnosed with this condition due to medical negligence. Our involvement goes beyond mere legal representation, and we offer comprehensive support in the following ways:
- Medical Analysis: Our cerebral palsy lawyers collaborate closely with medical professionals to thoroughly review prenatal, birth, and postnatal records.
- Lifetime Cost Calculation: CP attorneys at Rosenfeld Injury Lawyers meticulously estimate the financial burdens encompassing medical care, ongoing treatment, adaptations for living spaces, special education needs, and any other supportive services the child and their family will need throughout the child’s life.
- Advocacy for Rehabilitation Services: A cerebral palsy attorney from our team will tirelessly advocate for the child’s right to proper care, working to secure necessary compensation that enables access to crucial services like physical therapy, occupational therapy, and speech therapy tailored to improve functionality and quality of life.
Types of Cases That Our CP Lawyers Handle
Our specialized team of cerebral palsy lawyers at Rosenfeld Injury Lawyers handles a variety of case types related to the circumstances that often lead up to a cerebral palsy diagnosis:
- Traumatic Cerebral Palsy Following Birth Injury: When this neurological condition results from physical trauma during delivery, our Chicago birth injury lawyers meticulously review medical records and consult experts to uncover the truth.
- Medical Negligence During Labor or Delivery: Situations where inadequate monitoring or inappropriate actions by healthcare providers during labor lead to CP fall under the expertise of our Chicago medical malpractice attorneys, who are seasoned in dissecting these complexities.
- Failure to Diagnose Maternal or Fetal Distress: Our Chicago misdiagnosis lawyers explore instances where signs were missed or improperly addressed, like fetal vital signs dropping dangerously low (this could even be from defective equipment, leading to a product liability claim) or failure to detect a prolapsed umbilical cord.
How Our Cerebral Palsy Attorneys Can Help
At Rosenfeld Injury Lawyers, our commitment is to provide compassionate and experienced legal representation for families impacted by CP due to medical malpractice or other negligence. Our Chicago cerebral palsy lawyers are dedicated to supporting families through the complexity of pursuing justice and compensation. Here’s how we would employ our expertise in your case:
- Gathering Information
- Investigation
- Filing a Claim
- Discovery Process
- Accurate Calculation of Damages
- Negotiation With Insurance Companies
- Court Representation
Legal Liability in CP Lawsuits
In cerebral palsy cases, a medical professional and/or institution could be held legally liable for acts of negligence that contributed to the condition:
- Obstetricians/Gynecologists: These practitioners face liability if their oversight during prenatal care or mistakes made during labor and delivery contribute to CP.
- Nurses and Medical Staff: Errors committed by these individuals during childbirth management or while providing postnatal care could result in their being found at fault.
- Hospitals and Medical Facilities: If systemic shortcomings such as poor staff training, understaffing, or equipment inadequacies led to circumstances causing CP, these entities might bear responsibility.
- Anesthesiologists: This medical professional plays a crucial role in the labor and delivery process. If inadequate anesthesia application resulted in oxygen deprivation and subsequently CP, a Chicago anesthesia error attorney from our team can help you prove they were liable.
- Pharmaceutical Companies: These entities could be held accountable in some cases where CP results from adverse effects of medications taken during pregnancy.
This is not an exhaustive list, as other medical professionals can also be held liable for a medical error that leads to this permanent condition.
Proving Liability in a Cerebral Palsy Lawsuit
In a cerebral palsy claim, proving liability hinges on demonstrating negligence in most cases, which requires proving four key elements:
- Duty: It must be established that there was a professional obligation owed to the patient. This means showing that the medical professionals and healthcare facilities involved had a responsibility to provide an acceptable standard of care, which is established by showing a doctor-patient relationship existed.
- Breach: Evidence is required to prove a breach of duty. This involves showing how the defendants’ actions or inactions fell short of what is reasonably expected from a competent medical professional under similar circumstances.
- Causation: This step demonstrates that negligence directly led to cerebral palsy. This often involves medical experts who can testify that but for this breach in standard of care, cerebral palsy would not have occurred.
- Damages: Finally, it’s necessary to show actual damages resulting from these actions or inactions, including the diagnosis and resulting medical expenses and pain and suffering.
You Have Limited Time to File a Cerebral Palsy Claim
For children affected by medical malpractice, such as negligence that leads to brain damage or traumatic brain injury, the deadline to file a lawsuit is eight years after the incident or until they turn 22, whichever comes first.
In situations where individuals are left with a disability that physically prevents them from filing a lawsuit, the statute of limitations will be paused, providing a longer window to file a claim.
Given these complexities in Illinois law and the profound impact that brain damage and birth injury cases have on families, seeking expert legal counsel is critical.
Damages That an Experienced CP Lawyer Can Help You Recover
An experienced cerebral palsy law firm can make a significant difference in a case, helping families navigate the legal complexities to recover a wide range of damages associated with this lifelong condition:
- Economic Damages: These include readily quantifiable costs such as past and future medical expenses, costs for adaptive equipment like wheelchairs or adapted vehicles, and potential lost wages due to a CP diagnosis.
- Non-Economic Damages: These less tangible losses are also compensable and include pain and suffering, emotional distress, and loss of enjoyment of life for the child.
- Punitive Damages: In cases of particularly egregious conduct, punitive damages are awarded to punish the defendant and deter future misconduct.
Financial Compensation Awarded in Cerebral Palsy Lawsuits
When it comes to cerebral palsy lawsuits, it’s important to understand that there are no predefined amounts for financial compensation. The amount awarded in each case depends on a variety of factors tailored to the individual circumstances.
Factors Affecting CP Settlement Amounts
Here are some key elements that can influence settlement amounts:
- Severity and nature of the condition
- Lifetime costs
- Pain and suffering
- Strength of evidence
- Quality of legal representation
The Time It Takes to Settle Cerebral Palsy Claims
Settling a cerebral palsy claim is complex, with no definitive timeline for resolution. Multiple factors contribute to the duration of the settlement process:
- Severity and complexity of medical issues
- Willingness of the defendant and insurance company to settle
- Amount of damages claimed
The Cost of Hiring a Cerebral Palsy Injury Lawyer
Hiring a cerebral palsy lawyer from our team comes with no upfront costs, as we operate on a contingency fee basis. This means our fees are contingent upon us successfully obtaining compensation for you; if we don’t win your case, you pay us nothing.
When we secure a settlement or court award in your favor, our fees are deducted based on an agreed-upon percentage of the recovery amount. This ensures that seeking justice and compensation is financially accessible to all families without adding further stress during these challenging times.
Contact a Chicago Cerebral Palsy Lawyer Today!
If your child suffers from cerebral palsy—the most common motor disability in childhood, often due to medical errors during the birth process, including improper use of birth assisting tools or faulty medical equipment—it’s crucial for family members to seek knowledgeable legal assistance.
Given the profound impact cerebral palsy can have on your child’s brain and overall development, it is vital to explore legal avenues if you believe this condition arose due to negligent medical care.
Let Rosenfeld Injury Lawyers help you. Call us at (888) 424-5757 or contact us online to discuss how we can assist you.
Specific Cases We Handle
- Cerebral Palsy Statute of Limitations by State
- Forceps Delivery Injury
- HELLP Syndrome
- Placental Abruption
- Erb’s Palsy
Resources: [1] CDC, [2] Cerebral Palsy Facts
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