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Suing for a Birth Injury: Cerebral Palsy Caused by Medical Negligence

Suing for a Birth Injury: Cerebral Palsy Caused by Medical Negligence

December 1, 2025 | Collins Law Firm

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The Collins Law Firm is proud to stand with Illinois families whose children have suffered preventable birth injuries such as cerebral palsy. No parent should have to watch their child struggle with lifelong disabilities caused by a doctor’s mistake or hospital’s negligence. When medical professionals fail to uphold their duty of care, The Collins Law Firm fights to hold them accountable and secure justice for affected families.

Understanding Cerebral Palsy and Its Causes

Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and coordination. It is typically caused by damage to a developing brain — often before, during, or shortly after birth.

While not every case of cerebral palsy is due to malpractice, medical errors are a leading preventable cause. These errors can include:

  • Failure to monitor fetal distress
  • Oxygen deprivation during labor or delivery
  • Mismanagement of umbilical cord issues
  • Delayed C-section despite clear warning signs
  • Improper use of forceps or vacuum extractors
  • Medication or anesthesia errors
  • Inadequate newborn resuscitation

When doctors, nurses, or hospitals fail to follow established standards of care, they may be legally responsible for the child’s injury.

Recognizing the Signs of Cerebral Palsy After Birth

Symptoms of cerebral palsy often appear in the first two years of life and may include:

  • Developmental delays (not sitting, crawling, or walking on schedule)
  • Abnormal muscle tone (too stiff or too floppy)
  • Poor coordination or balance
  • Seizures
  • Speech or swallowing difficulties

These symptoms can be heartbreaking for families — especially when they realize the injury could have been prevented with proper medical attention.

The Collins Law Firm works closely with medical experts to determine whether your child’s condition resulted from medical negligence during pregnancy, labor, or delivery.

How Medical Negligence Causes Cerebral Palsy

In many birth injury cases, cerebral palsy results from oxygen deprivation (hypoxia or asphyxia) or trauma during delivery. Medical professionals are trained to recognize and respond to these emergencies quickly.

Negligence may occur when:

  • A fetal monitor shows distress, but no action is taken.
  • Labor is prolonged and oxygen to the baby’s brain decreases.
  • A doctor delays ordering a C-section despite complications.
  • Medical staff misuse delivery instruments, causing head injury.

In each of these scenarios, the injury was preventable — and families have the right to pursue compensation for the lifelong consequences.

Proving Medical Negligence in a Birth Injury Case

Illinois law requires plaintiffs to show that a healthcare provider deviated from the accepted standard of care, and that this deviation directly caused the injury.

To build a strong case, The Collins Law Firm collaborates with medical specialists in:

  • Obstetrics and gynecology
  • Neonatal care
  • Neurology and radiology
  • Pediatric rehabilitation

We review hospital records, fetal heart monitor data, witness statements, and expert testimony to uncover where the breakdown occurred — and how it could have been prevented.

The Cost of Cerebral Palsy: A Lifetime of Care

Caring for a child with cerebral palsy is a lifelong financial and emotional commitment. Expenses often include:

  • Ongoing medical treatment and physical therapy
  • Adaptive equipment (wheelchairs, communication aids, etc.)
  • Home modifications for accessibility
  • In-home care or specialized schooling
  • Lost income for parents who become full-time caregivers

According to national studies, the lifetime cost of caring for a child with cerebral palsy can exceed $1 million — not including pain, suffering, and loss of quality of life.

The Collins Law Firm works tirelessly to ensure your settlement or verdict reflects these long-term realities.

Who Can Be Held Liable for a Birth Injury in Illinois

Multiple parties may share responsibility for a preventable birth injury, including:

  • Obstetricians and nurses who failed to monitor or respond appropriately
  • Hospitals or birthing centers that provided unsafe conditions or understaffed labor units
  • Anesthesiologists whose medication errors caused oxygen deprivation
  • Medical device manufacturers responsible for faulty delivery instruments

Each case is unique, but the central question remains the same: Did the medical team meet the accepted standard of care? If not, they may be held legally accountable.

Recoverable Damages in a Cerebral Palsy Lawsuit

Illinois law allows families to seek both economic and non-economic damages, which may include:

  • Past and future medical expenses
  • Cost of rehabilitation and therapy
  • Home care and assistive devices
  • Pain and suffering
  • Loss of normal life and enjoyment
  • Emotional distress
  • Punitive damages in cases of reckless misconduct

These damages can make a meaningful difference in ensuring your child receives the care and opportunities they deserve.

Statute of Limitations for Birth Injury Claims in Illinois

Illinois law typically allows two years from the date of discovery of the injury to file a medical malpractice claim. However, for minors, the statute is extended: a birth injury claim can be filed up to eight years after the negligent act, but not after the child’s 22nd birthday.

Because these timelines are complex, families should contact The Collins Law Firm as soon as possible to preserve evidence and begin investigation before records are lost.

Why Families Choose The Collins Law Firm

For more than two decades, The Collins Law Firm has fought for families affected by medical malpractice, catastrophic injury, and environmental harm. Our attorneys combine deep medical-legal knowledge with empathy and determination — because we know what’s at stake for parents and children alike.

We work with nationally recognized medical experts and life-care planners to ensure every cost, therapy, and opportunity your child needs is included in the compensation demand.

When negligence steals a child’s potential, our mission is to help restore justice — and hope.

Call The Collins Law Firm Today

If you believe your child’s cerebral palsy or birth injury may have been caused by medical negligence, you have legal options.

Call The Collins Law Firm today to schedule your free consultation. Our attorneys will review your medical records, consult with experts, and help you determine the best path forward.

Get justice. Protect your child’s future. Contact The Collins Law Firm now.

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Collins Law operates on a contingency fee basis for personal injury and environmental cases, meaning clients only pay legal fees if we win your case.

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Our attorneys have years of experience representing clients with personal injury, environmental contamination, and business claims. Understanding the intricacies of these cases allows us to achieve better outcomes.

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Understanding the challenges clients may face following an injury, Collins Law offers flexible consultation options, including home and hospital visits. We will come to you.

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