Cerebral palsy is a permanent disorder of movement, muscle tone, and posture caused by damage to a baby’s developing brain — most often before, during, or shortly after birth. When that brain injury results from a preventable medical mistake, such as a failure to monitor fetal distress, a delayed emergency cesarean section, or mismanaged oxygen deprivation, Illinois families may have the right to pursue a birth injury medical malpractice claim. The Collins Law Group helps families across Illinois investigate whether their child’s cerebral palsy was caused by negligent obstetric or neonatal care.
Not every case of cerebral palsy stems from malpractice — some arise from genetic conditions, infections, or events no provider could have prevented. That is precisely why these cases require careful medical investigation. We work with maternal-fetal medicine specialists, neonatologists, and pediatric neurologists to determine whether the standard of care was breached and whether that breach caused the injury.
The most common malpractice-related cause is hypoxic-ischemic encephalopathy (HIE) — brain damage from oxygen deprivation. When the medical team fails to recognize and respond to signs of fetal distress on the electronic fetal monitor, delays a medically necessary cesarean section, improperly uses forceps or a vacuum extractor, or mismanages a prolapsed umbilical cord or placental abruption, the resulting lack of oxygen can permanently damage the brain. Untreated severe jaundice (kernicterus) and certain birth-related infections can also lead to cerebral palsy when providers fail to diagnose and treat them promptly. You can learn more about oxygen-deprivation injuries on our HIE and birth asphyxia page.
Birth injury claims are a form of medical malpractice, and Illinois sets a special, longer deadline for injuries to children. Under 735 ILCS 5/13-212(b), a claim on behalf of a minor may generally be brought up to eight years after the negligent act — but in no event after the child’s 22nd birthday. Illinois law also requires that a medical malpractice complaint be accompanied by an affidavit and a written report from a qualifying health professional confirming the claim has merit, under 735 ILCS 5/2-622. Because these deadlines and requirements are strict, it is important to speak with an attorney early.
Children with cerebral palsy often need a lifetime of care. A successful claim can seek compensation for past and future medical expenses, physical and occupational therapy, assistive technology and mobility equipment, home and vehicle modifications, special education, lost future earning capacity, and the pain, suffering, and loss of a normal life the child will experience. Because the future-care needs can be extensive, we frequently work with life-care planners and economists to document the full lifetime cost. For the most severe outcomes, families may also wish to review our catastrophic injury resources.
No. Cerebral palsy can result from genetic factors, prenatal infections, strokes, or other causes that no provider could have prevented. It is considered malpractice only when a healthcare provider’s failure to meet the accepted standard of care caused or worsened the brain injury. A careful medical review is the only way to know which applies.
We obtain and analyze the complete prenatal, labor, delivery, and newborn records — including the fetal heart-rate monitoring strips — and have them reviewed by qualified physicians. Illinois requires a written report from a knowledgeable health professional confirming the claim is meritorious before suit is filed.
For an injury to a child, Illinois generally allows a claim to be brought up to eight years after the negligent act, but never after the child turns 22, under 735 ILCS 5/13-212(b). Other deadlines can apply in specific situations, so it is best to consult an attorney promptly rather than wait.
We handle birth injury cases on a contingency-fee basis, which means there is no fee unless we recover compensation for your family. The initial consultation is free, and we advance the costs of investigating the case.
Possibly. Because the law gives children an extended window — up to the 22nd birthday in many situations — families of older children should still have their case reviewed. The only way to know if your claim is timely is to have an attorney evaluate the specific dates and facts.
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