What Are the Statute of Limitations for a Cerebral Palsy Lawsuit in Illinois?

If your child was diagnosed with cerebral palsy, you understand the challenges they face every day–and the care they need to thrive. 

Cerebral palsy is a lifelong condition, and it varies in severity. According to the CDC, it encompasses a group of conditions that affect someone’s ability to move and maintain balance and posture. In fact, cerebral palsy is the most common motor disability in children. 

Children are often diagnosed with CP within the first few years. They may need 24-hour care for the rest of their life, as well as ongoing treatment and medication. 

If your child was recently diagnosed with cerebral palsy, you may be wondering whether a doctor or nurse made a mistake before, during, or after delivery that caused your child’s condition. As birth injury attorneys with experience handling these cases, we answer any questions you may have about filing a birth injury lawsuit. 

However, you should know that there are strict time limitations for filing a medical malpractice case in Illinois. In this article, we discuss everything you should know about this process and what you can expect going forward. 

Before you start reading this article, we want to know one thing: At Shannon Law Group, we help families with children diagnosed with cerebral palsy due to medical negligence.

The child’s parents and siblings love them unconditionally, and they would do anything for them. However, as caretakers, they often feel a constant pressure on their shoulders from the financial costs from equipment and medical bills. 

In these cases, we were able to help these families by filing a cerebral palsy lawsuit. We held the responsible parties accountable for their negligence, and we secured more than enough compensation so that our clients and their children could live comfortably for the rest of their lives. 

If you would like to discuss your potential case, we would be happy to speak with you. Our compassionate birth injury lawyers at Shannon Law Group offer free consultations. Call us at (312) 578-9501 or fill out the form on this page to get started. 

Statute of Limitations for Cerebral Palsy Medical Malpractice Cases in IL

Contacting a birth injury lawyer or filing a case may be the last thing on your mind. But with every day that passes, the clock is ticking. Your time to file a civil lawsuit is limited by the law. Every state has different time limits for filing a medical malpractice lawsuit. 

What Are the Statute of Limitations? When Do They Start?

The “statute of limitations” refers to a law that is passed by a legislature that sets the maximum amount of time a party has to file a lawsuit. These laws are passed to help cases resolve in a timely manner. 

Once this amount of time has passed, you are no longer able to file a lawsuit against the negligent parties. 

In Illinois, the statute of limitations for filing a cerebral palsy lawsuit varies. 

For most medical lawsuits, you have two (2) years from the date of the injury or from when the patient most reasonably knew that their injury occurred due to medical error. The patient cannot file a med mal lawsuit more than 4 years after the date of the injury – regardless if the patient knew their injury was caused by medical negligence. 

If a child is injured due to medical malpractice, the parent or guardian has eight (8) years to pursue a lawsuit. However, they must bring a case before the child turns 22 years old. 

There is one exception to the statute of limitations in Illinois for cerebral palsy lawsuits: If a child suffers a disability from medical error and has severe cognitive and physical disabilities as a result, the statute of limitations does not run until the disability is removed. In these cases, a certified doctor’s note may be needed to confirm the severity of the child’s disability.  

Children with cerebral palsy struggle with various disabilities through their life. In theory, the clock may never run out to file a lawsuit. However, the sooner you get the ball rolling, the better it is for your potential case. 

In summary, if you believe you have a cerebral palsy lawsuit, you should speak with an experienced birth injury lawyer at Shannon Law Group, P.C., as soon as possible to ensure the best result for your family. 

Do I Have a Cerebral Palsy Case? 

That’s a great question to ask. It depends on what the evidence shows. 

Before you can file a medical malpractice lawsuit in Illinois, you are required to submit all prenatal and postnatal medical records to a birth injury expert. After reviewing the records, the expert will determine whether or not a medical professional deviated from the standard of care and made a mistake that caused your child’s birth injury. 

Your medical records may be reviewed by multiple experts before you can file a lawsuit. Your attorney will walk you through this process and answer any questions along the way. 

Medical Mistakes That Cause Cerebral Palsy 

You may be wondering what mistake your doctor or physician made that caused your child to develop cerebral palsy. Your prenatal, delivery, and postnatal medical records will tell the story of what exactly happened in your case. 

The most common causes of cerebral palsy due to birth injury are: 

• Deprivation of oxygen to the brain.
• Head trauma before, during, or shortly after birth.

The delivery room can easily become chaotic and overwhelming. Doctors or nurses may miss signs that your child is in distress. 

Here are just a few medical mistakes that may result in a child becoming oxygen-deprived or injured: 

• Failure to monitor the infant’s heartbeat.
• Improper use of forceps or vacuum extraction. 
• Leaving the baby in the birth canal for an extended period.
• Failure to detect a prolapsed cord.

A close review of your medical records may reveal what caused your child’s cerebral palsy diagnosis. 

Who Can Be Held Liable for My Child’s Cerebral Palsy Diagnosis? 

Any medical professional who deviated from the standard of care, acted negligently, and injured your child as a result can be held liable in a cerebral palsy lawsuit. In Illinois, all practicing doctors and facilities are required to carry medical malpractice insurance. 

Examples of medical care providers that can be held accountable include: 

• Obstetricians and gynecologists 
• Surgeons
• Nurses
• Hospitals
• Midwives

How Do I File a Cerebral Palsy Lawsuit? 

In any cerebral palsy case, the first step to getting started is contacting a reputable birth injury law firm like Shannon Law Group, P.C. Once you find the right lawyer for you, you will sign a representation agreement. This contract allows your lawyer to act on your behalf in the courtroom. 

Next, your attorney will guide you through the legal process, review your prenatal and postnatal medical records, and submit them to an expert for review.

After looking at the records, a medical expert will determine whether a medical professional deviated from the standard of care. If they do find evidence of negligence, then you and your attorney will submit an offer of compromise to the responsible parties. You must do this before filing a medical malpractice lawsuit in Illinois. 

If the defendant is unwilling to resolve the case, your attorney will then file a lawsuit on your behalf. Medical malpractice lawsuits can take several years to resolve. Your attorney should keep you up to date along the way and answer any questions you may have.

What Types of Compensation Are Available in a Cerebral Palsy Claim? 

You can recover two types of damages in a cerebral palsy lawsuit: 

• Economic damages. This category of compensation is easy to calculate. Examples of economic losses you can recover include past and future lost wages, past and future medical expenses, lost wage earning capacity, and future life care costs.
• Noneconomic damages. This type of compensation encompasses subjective non-monetary losses your child and family have suffered as a result of a birth injury. Noneconomic damages are typically awarded by a jury during trial. They include pain and suffering, loss of a normal life, loss of society, emotional distress, and more.

So, how much the average settlement or verdict is for a birth injury lawsuit? It depends, and no two lawsuits are the same. 

That being said, the success of your case depends on the tenacity of your attorney. If your lawyer has no experience holding doctors accountable for birth injuries they’ve caused, they may not secure all of the compensation you and your family deserve. 

In a cerebral palsy case, you should hire the best birth injury lawyer who will find for you in the courtroom and tell your story to a jury of your peers. 

Speak with an Experienced Cerebral Palsy Lawyer Today

If your child was diagnosed with cerebral palsy and you suspect medical malpractice played a role, our birth injury attorneys are here for you. We’ll walk you through the process and shoulder the burden of dealing with insurance companies and their team of lawyers. We will be the advocate in your corner, fighting for you and your child’s financial future. During the duration of your case, we will shoulder the burden of dealing with insurance companies and their team of lawyers, so you can focus on taking care of your child and family.

To learn more about pursuing a cerebral palsy lawsuit, call Shannon Law Group today at (312) 578-9501 to schedule a free consultation with one of our attorneys. You can meet with us at our offices in Woodridge or Chicago. We can also meet at a location that’s best for you.

Watch This Video to Hear One Cerebral Palsy Client’s Story (And How We Helped Her Family)