Cerebral palsy is a serious and permanent neurological condition. It is the most common childhood motor disability. Although about 90% of cerebral palsy cases are congenital, the other 10% may arise from trauma to the brain during development, such as in a birth injury. Negligent physicians and delivery nurses have caused cerebral palsy in the past through acts of malpractice.
Did a physician in Chicago recently diagnose your child with cerebral palsy? Contact Clifford Law Offices. We have many dedicated attorneys, a track record of success, and nationally renown for our legal achievements. If you believe a birth injury caused your child’s cerebral palsy, discuss your options with one of our lawyers today.
Our Multimillion-Dollar Cerebral Palsy Case Results
Clifford Law Offices is ranked among the top personal injury law firms nationwide and is widely recognized for the case results we achieve for our clients. Collectively, we have recovered over $5 billion in settlements and jury verdicts to improve the lives of the individuals and families we represent. Our attorneys are trial-ready and prepared to take your case to court, if necessary, to collect the financial compensation you deserve. Our past case results include:
- $22.9 million recovery on behalf of a child with permanent brain damage and spastic Cerebral Palsy due to a lack of oxygen during labor and delivery.
- $12.5 million recovery on behalf of a child who sustained brain injuries resulting in Cerebral Palsy and cognitive deficits due to the failure to perform a timely C-section delivery.
- $2.5 million recovery for a mother whose son was born with Cerebral Palsy and died two years later from a seizure disorder, after a prolonged 25-hour labor during which her baby was deprived of oxygen.
These are only three of the many multimillion-dollar case outcomes we have obtained on behalf of our medical malpractice clients. A birth injury attorney at Clifford Law Offices can help your family fight for the financial recovery you need to move forward and prepare for the future.
What Is Cerebral Palsy?
Cerebral palsy is not a single disorder, but rather a group of conditions that have to do with the brain. Children with cerebral palsy may have trouble with balance, movement, muscle development, and motor skills. Cerebral palsy can have different effects on different children. Some cases are severe, limiting the child’s ability to walk, while others are milder and may be hardly noticeable. Cerebral palsy has no cure, but symptoms will not worsen over time.
All children with cerebral palsy have difficulty with movement; such movement disorders can cause muscle stiffness, poor coordination, or uncontrollable movements, depending on the area of the brain affected. Only some children with cerebral palsy will experience cognitive and intellectual disabilities, as well as potential problems with hearing, vision, and speech. Early signs of cerebral palsy in newborns can include stiff muscles or limbs, a lagging head, or feeling floppy; however, diagnosis for some children may not come until they are older.
How Can a Birth Injury Cause Cerebral Palsy?
The belief that oxygen deprivation during birth as the main cause of cerebral palsy is common, but recent studies reveal that most children with cerebral palsy are born with the condition. Researchers still do not know the specific cause of congenital cerebral palsy. The other potential reason your child may suffer from cerebral palsy, however, is trauma to the brain during the labor or delivery processes. The following mistakes could potentially cause cerebral palsy in an infant:
- Failure to diagnose maternal infections before they pass to the fetus
- Failure to diagnose fetal infections before they cause inflammation of the brain
- Failure to prevent or treat a stroke that blocks blood flow to the brain
- Lack of oxygen (asphyxia) to the brain during a difficult delivery
- Failure to properly monitor fetal vital signs for distress
A traumatic brain injury from improper use of forceps, rough infant handling, or dropping the infant directly after birth could potentially impact the baby’s brain development – resulting in cerebral palsy. The same is true for an acquired brain injury from lack of oxygenation. It is a physician’s job to use his or her knowledge and education to guide a mother and infant through the birth process as safely as possible. Any action or inaction that falls outside of this duty, resulting in brain damage and/or cerebral palsy, is medical malpractice.
Types of Cerebral Palsy
Cerebral Palsy refers to a group of movement disorders, not one single medical condition. The type of Cerebral Palsy that a child develops can depend on the area of the brain affected, among other factors. The three main types of Cerebral Palsy are:
- Spastic Cerebral Palsy: the most common type, characterized by increased muscle tone and stiffness. A child may have difficulty relaxing the muscles in the affected area of the body.
- Dyskinetic (athetoid) Cerebral Palsy: characterized by uncontrolled, involuntary movements in the body, often accompanied by difficulty with speech, fine motor skills, and maintaining a stable posture.
- Ataxic Cerebral Palsy: characterized by difficulty with balance, depth perception, and coordination, which may result in trouble with walking and precise movements.
There is also hypotonic Cerebral Palsy, which is characterized by low muscle tone, and mixed-type Cerebral Palsy, where a child has a combination of spastic, dyskinetic, and ataxic symptoms.
Symptoms of Cerebral Palsy Based on Age
Recognizing Cerebral Palsy can be difficult. Many children are not diagnosed with this condition until months or even years after birth. The potential signs of Cerebral Palsy can vary according to the type and severity of the condition as well as the age of the child.
Infants (0 to 12 months):
- Feeding difficulties, such as trouble swallowing or sucking
- Poor muscle control, causing floppiness or stiffness
- Abnormal spine shape
- Involuntary muscle movements or tremors
- Favoring one side of the body
- Delayed or missed milestones, such as sitting up or crawling
- Inability to crawl on all fours
Toddlers (1 to 5 years):
- Trouble walking or an abnormal gait
- Balance and coordination problems
- Difficulty with fine motor skills, such as grasping objects
- Increased muscle tone
- Muscle rigidity, stiffness or spasticity
- Uncontrollable arm, leg, mouth or tongue movements
- Speech and communication issues or delays
- Issues with eating or swallowing
Older children (6 and above):
- Learning difficulties
- Signs of intellectual disability
- Challenges completing tasks independently
- Limited range of motion or flexibility
- Joint pain or discomfort
- Orthopedic issues or mobility challenges
- Speech and communication issues
- Secondary health issues, such as respiratory or digestive problems
- Seizures
The symptoms of Cerebral Palsy can vary widely from person to person. It is important to speak to your doctor about any concerns you may have. Patients often require the support of a healthcare team to manage their symptoms and improve their quality of life.
How Can You Tell if Cerebral Palsy Is a Birth Injury?
A legal analysis is generally required to determine if Cerebral Palsy is the outcome of medical malpractice. Whether or not it is a birth injury depends on various factors, including the child’s medical history, potential risk factors that were present during pregnancy, any complications that may have occurred during labor or delivery, and whether there were deviations from the medical standards of care.
Proving a birth injury case requires evidence of the four elements of negligence:
- A doctor-patient relationship existed, imposing a standard of care on the doctor.
- The doctor breached the standard of care owed to the patient.
- There is a direct link between the doctor’s breach of duty and Cerebral Palsy.
- The patient suffered measurable harm or damages as a result of the breach.
In a medical malpractice claim, the plaintiff must show using clear and convincing evidence that the doctor breached or violated the duty of care owed to the patient, and that this was the actual or proximate cause of the child’s medical condition. The victim must also have suffered damages for which he or she is claiming financial compensation. These may include medical bills, disability, lost wages and earning capacity, pain and suffering, and loss of enjoyment of life.
What Is the Statute of Limitations for Filing a Cerebral Palsy Claim in Illinois?
If you believe you have grounds to file a medical malpractice claim for a birth injury that caused Cerebral Palsy it is important to act quickly. In Illinois, a law known as the statute of limitations imposes a limit on the amount of time you have to file. While the standard statute of limitations on a medical malpractice case in Illinois is 2 years, victims under the age of 18 have an exception.
735 ILCS 5/13-212(b) states:
No action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 8 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death where the person entitled to bring the action was, at the time the cause of action accrued, under the age of 18 years; provided, however, that in no event may the cause of action be brought after the person’s 22nd birthday.
Under this law, minors injured by medical malpractice have eight years from the date that the malpractice occurred, with a statute of repose (final deadline) of the age of 22. This means that even if the child is diagnosed with Cerebral Palsy later in life or if there is a delayed discovery of its connection to medical malpractice, the claim must be filed before the child turns 22 years old.
Do You Have a Claim? Contact Us to Find Out
The lawyers at Clifford Law Offices have decades of experience handling simple to highly complex medical malpractice lawsuits throughout the nation. We dedicate ourselves to each case we have, treating our clients as we would our own family members. Our hard work translates into outstanding results for injured accident victims.
At our law firm, we will put you and your child first. The moment you receive a cerebral palsy diagnosis, think back to your birthing experience. Was it traumatic, uncomfortable, or complicated? Did your OB/GYN or a nurse do something questionable, such as wait too long to order an emergency C-section? Take your questions and beliefs to someone who can provide trustworthy legal counsel. Contact an attorney at Clifford Law Offices. Call our Chicago office today at (312) 899-9090 for a free consultation.
