If your child has cerebral palsy, know that it may have been caused by a medical error during the prenatal period or during birth. Whether the doctors or nurses who cared for you before birth failed to diagnose a condition, or something went wrong during labor, you could be entitled to compensation to help cover your child’s medical care and other expenses.
Call our team at the Birth Injury Lawyers Group today at (800) 222-9529 for a free consultation with a Naperville cerebral palsy lawyer on our team.
For a free legal consultation, call 1-800-222-9529
Defining Cerebral Palsy
Cerebral palsy is a collection of neurological disorders that may differ in type and degree. Some of the symptoms of cerebral palsy diagnosed during infancy or preschool age, include:
- Stiff muscles
- Exaggerated reflexes, also known as spasticity
- Poor balance
- Lack of muscle coordination
- Abnormalities in muscle tone, including being either too rigid or flaccid
- Involuntary muscle movements such as tremors
- Delays in motor skills, including the ability to walk, stand up, support oneself with their arms, etc.
- Difficulty speaking
- Difficulty eating or sucking
- Delayed development of fine motor skills
If you sense that something is not right with your child’s development, seek medical advice as to whether cerebral palsy could be the cause. If your child has already received a diagnosis of cerebral palsy, consider that a medical error or negligence may be the potential cause.
Possible Causes of Cerebral Palsy
There are several risk factors for developing cerebral palsy that may arise because of actions, or inaction, taken (or not taken) by medical professionals before, during, or after the child is born. Some risk factors for cerebral palsy that may ultimately fall on attending physicians or nurses include:
- Infection of the brain
- Injury to the brain, which can occur during labor if the doctor delivers the baby in an unsafe way
- A lack of blood flow to the brain, which can occur if a doctor fails to spot a complication during pregnancy or errs while delivering the baby
- Certain infertility treatments
If a doctor’s advice, action, or inaction contributed to your child’s cerebral palsy, then they and their employer may be liable to pay you compensation. Consider how a Naperville cerebral palsy lawyer at the Birth Injury Lawyers Group can help you pursue financial awards. Call us today at (800) 222-9529 for a free consultation.
Naperville Cerebral Palsy Lawyer Near Me 1-800-222-9529
How a Lawyer Can Help if Your Child Has Cerebral Palsy
Learning that your child has a condition such as cerebral palsy can be very difficult. A lawyer can reduce your burden by handling your legal case. The goal is to obtain any compensation you are entitled to receive that can make you and your child’s life easier. Some ways that a lawyer can help include:
- Speaking with you and documenting your account of why the doctor or other medical professionals may have contributed to your child’s cerebral palsy
- Initiating legal action right away so that your case falls within any relevant statutes of limitation
- Collecting all medical records from your pregnancy and birth and examining them for any signs of negligence
- Alerting the defendant in your case to impending legal action and, if possible, interviewing them for any admission of wrongdoing
- Speaking to other medical professionals to assess the actions, both taken and not taken, of the attending doctor during your pregnancy and labor
- Handling all legal responsibilities necessary to bring your case to a conclusion, whether it is a settlement or judgment
- Protecting you and your child’s rights throughout the legal process
A Naperville cerebral palsy lawyer will ultimately aim to prove that the defendant in your case acted in a negligent manner that may have contributed to your child’s cerebral palsy.
Proving Fault in a Cerebral Palsy Negligence Case
Illinois’ Medical Patient Rights Act holds doctors responsible for several responsibilities towards their patients. One of these rights is to “care consistent with sound nursing and medical practices.” In order to prove that a doctor failed to deliver such care, a lawyer will follow a four-step process. It goes:
- Establishing that the defendant owed you a duty of care
Each doctor has a responsibility not to expose the patient (or their child) to an unreasonable risk of harm. All doctors take an oath to this effect.
- Showing that the defendant breached this duty of care
They may do this in any number of ways that amount to care that is inconsistent with sound nursing and medical practices.
- Establishing causation between the doctor’s action or inaction and your child’s cerebral palsy
If the defendant in your case acted in a risky or otherwise negligent way, then they may have directly contributed to your child’s condition.
- Calculating and lobbying the court for compensation on your behalf
This stage requires totaling your losses and showing the court that the losses arose from the defendant’s actions.
Possible Damages in a Cerebral Palsy Negligence Case
Each case is different, and possible compensation depends directly on the circumstances of your case. With that in mind, if your case reaches a judgment or settlement in your favor, you could be entitled to compensation covering:
- Pain and suffering for you and your child’s hardship
- Costs of your medical care during pregnancy and labor
- Costs of ongoing treatment for your child’s cerebral palsy
- Costs of transportation to and from rehabilitation appointments
- Costs of any in-home childcare or daycare required because of your child’s cerebral palsy
- Punitive damages against the defendant and possibly their employer
You may also receive compensation for opportunities that your child will not have because of their cerebral palsy.
Do Not Wait To Call a Lawyer
The sooner that you call, the sooner you may begin pursuing the financial relief that you may be entitled to receive. Speak with a Naperville cerebral palsy lawyer at the Birth Injury Lawyers Group today at (800) 222-9529.