Illinois Cerebral Palsy Lawyers

Top-Rated Birth Injury Lawyers for Families Throughout Illinois

Cerebral palsy is a life-altering condition that affects muscle control, movement, and posture. While some cases result from unavoidable complications during pregnancy or birth, others are caused by medical negligence. For Illinois families affected by preventable cerebral palsy, understanding the condition and available legal remedies is essential.

At John J. Malm & Associates, we understand the lifelong challenges families face when a child is diagnosed with cerebral palsy due to medical negligence. With decades of experience representing victims of birth injuries across Illinois, our firm is committed to holding hospitals, doctors, and healthcare providers accountable when their mistakes cause preventable harm. We combine compassionate support for families with aggressive advocacy in the courtroom, working tirelessly to secure the resources your child needs for medical care, therapy, and a brighter future.

What Is Cerebral Palsy?

Cerebral palsy is a group of neurological disorders caused by damage to the developing brain. The condition typically manifests in infancy or early childhood and affects a child’s ability to move, maintain balance, and coordinate muscles.

According to the Centers for Disease Control and Prevention (CDC), cerebral palsy affects approximately 1 in every 345 children in the United States. Spastic cerebral palsy, the most common form, accounts for roughly 80% of all cases.

While cerebral palsy is often attributed to congenital causes, a significant percentage of cases stem from birth injuries, many of which are preventable with proper medical care.

Medical Malpractice and Cerebral Palsy

How Negligence Happens

Medical negligence occurs when a doctor, nurse, or other healthcare provider fails to meet the accepted standard of care, resulting in harm. When negligence happens during pregnancy, labor, or delivery, it can deprive the baby’s brain of oxygen, leading to cerebral palsy.

Examples of negligent actions that may cause cerebral palsy include:

• Failure to monitor fetal distress using heart rate monitors
• Delayed C-section when the baby is in distress or labor stalls
• Improper use of forceps or vacuum extractors
• Failure to treat maternal infections such as Group B Strep
• Mismanagement of umbilical cord issues, such as prolapse or compression
• Improper administration of Pitocin or other labor-inducing drugs
• Failure to recognize and treat jaundice, which can lead to kernicterus and brain damage

These types of errors can result in hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation. HIE is a leading cause of cerebral palsy related to medical malpractice.

How Common Is Preventable Cerebral Palsy?

While exact numbers are hard to pinpoint, studies suggest that 6–10% of cerebral palsy cases result from birth injuries, and a substantial portion of those are preventable with proper medical care.

One study published in the Journal of Obstetrics and Gynaecology found that medical errors contributed to 1 in 5 birth injury lawsuits, with cerebral palsy among the most commonly cited injuries.

The CDC also notes that babies born prematurely or with low birth weight face higher risks of cerebral palsy, which underscores the importance of proper prenatal monitoring and intervention.

Signs That Cerebral Palsy Was Caused by Negligence

It’s not always obvious whether your child’s cerebral palsy was preventable. Some signs that medical malpractice may have occurred include:

• A difficult or prolonged labor
• Evidence of oxygen deprivation (e.g., low APGAR scores)
• Neonatal seizures
• NICU admission immediately after birth
• Delays in initiating a C-section
• Lack of fetal monitoring records
• Brain imaging indicating hypoxic-ischemic encephalopathy (HIE)

If you suspect your child’s cerebral palsy may be the result of a birth injury, it’s important to consult with an Illinois birth injury attorney who can investigate the medical records and consult with experts.

How a Medical Malpractice Claim Works in Illinois

If your child’s cerebral palsy was caused by medical negligence, you may be entitled to compensation through a medical malpractice lawsuit. In Illinois, these claims are governed by specific rules and deadlines.

Who Can Be Held Liable?

Potentially liable parties may include:

• OB-GYNs
• Nurses
• Hospitals or birthing centers
• Pediatricians or neonatal specialists

Multiple parties can be named in a lawsuit if several individuals or institutions contributed to the injury.

What Compensation Is Available?

A successful cerebral palsy lawsuit can help cover the extraordinary costs of raising a child with special needs, including:

• Past and future medical expenses
• In-home care and therapy
• Special education services
• Assistive devices (wheelchairs, communication tools)
• Home and vehicle modifications
• Lost earning capacity
• Pain and suffering
• Loss of enjoyment of life

In rare cases, punitive damages may also be awarded if the conduct was especially reckless or egregious.

Real-Life Impact: The Financial Cost of Cerebral Palsy

Raising a child with cerebral palsy can place an enormous financial burden on families. A 2003 CDC study estimated that the lifetime cost of care for an individual with CP exceeds $1 million, not including lost wages and family caregiving.

That estimate has only grown with inflation and advances in treatment. A medical malpractice settlement or verdict can make the difference between financial insecurity and ensuring your child has access to the care they deserve.

Steps to Take if You Suspect Medical Malpractice

1. Request all medical records from the hospital, OB-GYN, and pediatrician.
2. Document your child’s condition, including diagnoses, treatment history, and therapies.
3. Get a second medical opinion, especially from a pediatric neurologist or cerebral palsy specialist.
4. Contact an experienced Illinois birth injury attorney as soon as possible.
5. Avoid signing any releases or accepting settlements from hospitals or insurance companies without legal advice.

Frequently Asked Questions (FAQs) about Cerebral Palsy

Q: What if my child’s cerebral palsy wasn’t diagnosed until they were older?

A: Many children aren’t formally diagnosed with cerebral palsy until age 1–2. That doesn’t mean you’ve waited too long to take legal action. In Illinois, the statute of limitations for minors is longer than for adults. Speak to an attorney to confirm your timeline.

Q: Can I afford to hire a lawyer?

A: Most birth injury attorneys, including ours, work on a contingency fee basis. That means you pay nothing upfront. We only get paid if we win your case or secure a settlement.

Q: What kind of expert is needed for a cerebral palsy lawsuit?

A: We work with pediatric neurologists, neonatologists, and maternal-fetal medicine specialists to review records and testify on your behalf.

Q: Will this impact my child’s access to medical care?

A: No. Filing a lawsuit does not affect your child’s access to Medicaid, private insurance, or state services. In fact, a successful settlement or verdict can improve your child’s care options dramatically.

Why Choose John J. Malm & Associate for Your Cerebral Palsy Case?

Cerebral palsy cases are among the most complex types of medical malpractice lawsuits. They require a deep understanding of both medicine and Illinois injury law. Our firm has the resources, experience, and dedication to pursue justice for families impacted by preventable birth injuries.

We handle every aspect of the investigation, from consulting medical experts to gathering delivery room records, and we advocate fiercely for the compensation your child deserves.

Contact the Award-Winning Cerebral Palsy Accident Lawyers at John J. Malm & Associates

If your child has been diagnosed with cerebral palsy and you believe medical negligence may be to blame, don’t wait. Contact our experienced Illinois birth injury attorneys today for a free, confidential consultation. We’ll review your case, explain your options, and help you take the next step toward accountability and justice.