A cerebral palsy diagnosis raises hard questions, and one of them may be whether a medical mistake played a role. A Chicago cerebral palsy lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers, can help you find answers. Our medical malpractice attorneys guide families through complex birth injury claims and fight for the compensation needed to care for a child living with brain damage.
If your child has cerebral palsy, and you suspect negligence during pregnancy, labor, or delivery, this page explains what cerebral palsy (or CP) is, how it can connect to medical malpractice, and what your family can recover. It’s part of our law firm’s Chicago birth injury resources.
In this Article
What Is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders caused by a brain injury or abnormal brain development that affects muscle tone, movement, and motor skills. Severity varies widely—some children have minor impairments, while others need lifelong medical care and support.
How Common Is Cerebral Palsy?
Cerebral palsy is the most common motor disability in childhood. According to the Cerebral Palsy Alliance Research Foundation (CPARF), roughly 1 in 700 babies is diagnosed with cerebral palsy, and the condition affects approximately 1 million people in the United States.
What Are the Types of Cerebral Palsy?
Cerebral palsy is generally classified into four main types, based on how it affects movement and coordination:
- Spastic cerebral palsy: the most common type, marked by stiff, jerky movements
- Dyskinetic (athetoid) cerebral palsy: affects muscle tone and coordination, leading to uncontrollable movements that make body posture and motion difficult to manage
- Ataxic cerebral palsy: a rare type that affects balance and coordination
- Mixed cerebral palsy: a combination of symptoms from the other three types
What Causes Cerebral Palsy?
Cerebral palsy usually stems from a child’s injury at birth caused by oxygen loss or abnormal brain development before, during, or shortly after delivery. According to the Mayo Clinic, the exact cause isn’t always known, but common contributing factors include:
- Lack of oxygen to the brain during pregnancy or birth; oxygen deprivation can cause permanent brain damage
- Infections in the mother during pregnancy
- Premature birth and low birth weight
- Genetic factors and certain medical conditions
What Are the Symptoms of Cerebral Palsy?
Signs of a cerebral palsy birth injury often appear as a child misses developmental milestones. Symptoms may include:
- Delayed motor development, such as crawling or walking
- Difficulty with fine motor skills, like grasping objects
- Muscle stiffness or rigidity
- Tremors or involuntary movements
- Trouble with coordination and balance
- Speech and language delays and other long-term cognitive deficits
Can Cerebral Palsy Be Caused by Medical Negligence?
Yes. Cerebral palsy can result from medical negligence when a provider’s error deprives a baby’s brain of oxygen or otherwise causes preventable harm during pregnancy or delivery. Common examples include failing to monitor fetal distress or using delivery tools improperly.
Not every case of cerebral palsy involves malpractice. That’s why it’s important to have your situation reviewed. A birth injury attorney can evaluate your child’s diagnosis and medical records to determine whether the injury warrants a medical malpractice claim.
How Medical Negligence Can Lead to Cerebral Palsy
Negligence during prenatal care or delivery can contribute to cerebral palsy in several ways. Preventable failures often include:
- Neglecting to properly monitor the fetus
- Failing to diagnose or treat maternal infections
- Poorly managing high-risk pregnancies
- Overlooking problems with the placenta or umbilical cord
- Delaying necessary interventions during a distressed delivery
- Mishandling the labor process
- Using excessive force during delivery
- Making errors during a cesarean section
How a Chicago Cerebral Palsy Lawyer Can Help
If you suspect medical malpractice caused your child’s cerebral palsy, an experienced Chicago cerebral palsy lawyer can take the legal weight off your shoulders. Expert testimony is crucial in proving negligence in cerebral palsy cases resulting from medical errors, and our attorneys work with qualified medical experts to build a compelling claim.
At The Kryder Law Group, our team will:
- Evaluate your case and explain your rights and options
- Gather evidence and secure expert medical testimony to prove negligence
- Negotiate with insurance companies on your behalf
- Most cerebral palsy lawsuits result in settlements, not trials, but we are prepared to represent you in court, if necessary
- Provide compassionate support and guidance at every step
You focus on your child. We’ll handle the legal process.
What Compensation Can Families Recover in a Cerebral Palsy Case?
About 10% of cerebral palsy cases arise from birth trauma, and average settlements for cerebral palsy cases are $1 million or more. Cerebral palsy lawsuits can help families recover the resources needed for a lifetime of care. Depending on the circumstances, you may be eligible to seek compensation for:
- Medical expenses, both past and future
- Ongoing care and specific cerebral palsy treatment
- Lost wages for caregivers
- Pain and suffering for the child and family
- Other related damages
What Future Medical Care Might a Child with Cerebral Palsy Need?
Children with cerebral palsy often need ongoing treatment throughout their lives. Planning for these costs is a key part of any claim. Common needs include:
- Physical therapy
- Occupational therapy
- Speech therapy
- Medications to manage symptoms
- Assistive devices and mobility technology
- Surgery to address issues such as contractures or scoliosis
- Counseling or behavioral therapy
Frequently Asked Questions About Cerebral Palsy Claims
Here are answers to common questions our clients ask about cerebral palsy or medical negligence claims.
How much does it cost to hire a Chicago birth injury lawyer?
Nothing upfront. The Kryder Law Group works on a contingency fee basis, so you pay no retainers and no hourly fees. There are no out-of-pocket costs to get started. The firm covers case expenses and is reimbursed only if it wins.
What does “no fee unless we win” mean for my family?
It means you owe no attorney fee unless the firm recovers compensation for you. If there’s no recovery, there’s no attorney fee. The contingency fee is a percentage of the amount recovered, typically between 30% and 40%, depending on the complexity of the case and when it resolves. You will always receive a portion of any settlement.
Is cerebral palsy always the result of medical malpractice?
No. Cerebral palsy has many possible causes, and not every case involves a negligent health care provider. A lawyer can review your child’s medical records to determine whether a provider’s error contributed to the injury.
How do I know if I have a cerebral palsy malpractice case?
The clearest way to determine if you can prove medical negligence is through a free case review. An attorney will look at the circumstances of your child’s birth and diagnosis, then they can explain whether medical negligence played a part in the injury your child suffered—at no cost or obligation to you.
How much time do parents have to file a lawsuit in a cerebral palsy case?
By Illinois law (735 ILCS 5/13-212[b]), parents generally have up to eight years to file a birth injury lawsuit on behalf of a child in an Illinois cerebral palsy case, but no claim may be brought after the child’s 22nd birthday. Legal deadlines for filing malpractice claims vary based on the child’s age and circumstances of the injury, so families should review the case with an experienced cerebral palsy lawyer as soon as possible.
Contact The Kryder Law Group, LLC Accident and Injury Lawyers, Today
If you suspect your child has cerebral palsy caused by a preventable medical error, our team is ready to listen. Our experienced cerebral palsy attorneys are dedicated to fighting for justice and pursuing financial compensation for families throughout Chicago and Illinois.
Schedule your free consultation with a cerebral palsy lawyer. In a no-obligation meeting, we’ll review your child’s birth injury case, explain your legal options to hold negligent medical professionals to account, and answer your questions—with no cost and no pressure. Reach out today and let us help you get the justice your child deserves.
(312) 223-1700