Child with cerebral palsy

Chicago Cerebral Palsy Lawyers

Last Updated on September 7, 2026 by Patrick A. Salvi II

Cerebral palsy is a broad medical term. It describes several different disorders. It arises from damage to the brain or central nervous system that a child may suffer in utero, during labor and delivery, or from trauma or complications shortly after birth.

Cerebral palsy is non-progressive. It won’t get worse over time. However, cerebral palsy is a permanent condition. It can be managed through surgery, therapy, and adaptive devices, but it cannot be cured. Often, cerebral palsy is caused by mistakes made by healthcare providers when providing prenatal or post-natal care or during delivery.

If a medical provider’s negligence has caused your child to suffer cerebral palsy, Salvi, Schostok & Pritchard P.C. can help to seek compensation that can include funds that will pay for your past and future medical costs. Call or contact us online today to speak with a cerebral palsy lawyer. Be aware of the time limits for cerebral palsy cases.

Causes of Cerebral Palsy

Brain damage or central nervous system damage is the underlying cause of cerebral palsy. Many factors can lead to this damage, including:

Problems Before Birth

Unfortunately, things can go wrong during pregnancy that prevent the proper development of a child’s brain and lead to cerebral palsy.

Some of the potential problems that can occur before the child is born that cause CP include:

  • A maternal infection such as rubella, toxoplasmosis, or cytomegalovirus
  • Rh incompatibility (when the mother’s immune system rejects the baby)
  • An infection in the fetus
  • A genetic disorder
  • Insufficient oxygen to the fetus.

Doctors need to be aware of the potential risk factors and watch for signs that either the mother or baby are in distress during pregnancy.

Providing proper pre-natal care is a duty that all physicians and healthcare providers owe to their patients. Mistakes can lead to a medical negligence lawsuit if the doctor’s error is found to have caused cerebral palsy to occur.

Problems During Labor and Delivery

Problems during labor and delivery typically stem from either deprivation of oxygen to the brain or external force and trauma.

Some of the different causes of cerebral palsy that can occur during labor and delivery include:

  • Excessive Pitocin use to induce labor
  • Prolonged labor
  • Failure to respond to fetal distress
  • Shoulder dystocia (a medical emergency that can result in deprivation of oxygen)
  • An umbilical cord becoming wrapped around the baby’s neck
  • Excessive use of a vacuum or forceps, causing external trauma to the brain
  • Stroke during labor and delivery.

Problems After Birth

Finally, a baby can sustain brain damage and develop cerebral palsy as a result of problems or complications after birth.

Some of the potential causes of CP that happen after a child is born include:

  • Severe or untreated jaundice
  • Deprivation of oxygen to the brain from drowning, choking, or other causes
  • Toxic exposure
  • Head trauma
  • Brain infections such as meningitis.

In some cases, doctors or healthcare providers are responsible for these post-birth causes of CP as well. For example, if a doctor fails to recognize and treat jaundice, he or she can be held liable if a child develops cerebral palsy.

Each of these different causes can result in brain cells dying or lesions forming on the brain. When brain damage occurs, it is permanent and incurable. The child will experience the symptoms for the rest of his or her life.

Symptoms of Cerebral Palsy

Cerebral palsy symptoms vary depending on the portion of the brain that was affected. The symptoms usually become apparent once a child has reached six months of age and begun moving or attempting to communicate. The child may miss developmental milestones such as walking, talking or crawling.

Common manifestations of brain damage that results in cerebral palsy include:

  • Delays in reaching normal developmental milestones such as rolling over, crawling, sitting up, or walking
  • Muscle tone problems, which refers to muscles being too tight or too loose
  • Tight joints or joints with limited range of motion
  • Involuntary movements such as spasms and tremors
  • Slow or labored body movements
  • Balance problems
  • Difficulty coordinating voluntary movements
  • Difficulty with fine motor skills, such as problems picking up or holding objects
  • Problems walking or abnormal gait such as scissor or toe walking
  • Slow or impaired reflexes
  • Inability to stand upright or other posture problems
  • Speech difficulties
  • Swallowing difficulties
  • Excessive drooling
  • Difficulty consuming food
  • Vision problems
  • Hearing problems
  • Ongoing pain
  • Cognitive impairments
  • Learning disabilities
  • Seizures
  • Inability to control the bladder or bowels.

By the time a child has reached the age of six, doctors and care providers should be able to diagnose how badly his or her lifelong impairment will be. The child’s cerebral palsy can also be classified into one of four types or categories of the disease.

When Do Symptoms Appear?

The symptoms of cerebral palsy may begin to appear as soon as a child reaches six months. At this age, children normally start to communicate and move around on their own. A parent may notice that the child is not meeting these developmental milestones. By age six, the full extent of the child’s impairment should be known.

Parents whose children experienced problems during labor and delivery should be especially alert to possible cerebral palsy symptoms and should consult with a medical expert and an experienced medical malpractice lawyer if they suspect that a healthcare provider’s negligence may have caused their child to suffer harm.

Types of Cerebral Palsy

The different types of cerebral palsy that a child may be diagnosed with include:

  • Spastic Cerebral Palsy

    – This is generally caused by an upper motor neuron lesion. It can cause erratic, jerky movements and problems relaxing the muscles.

  • Athetoid Cerebral Palsy

    – This is a problem with muscles that are too tense or too loose – usually because of damage to the area of the brain that controls coordination, reflexes, and involuntary movements.

  • Ataxic Cerebral Palsy

    – This occurs when there is a problem in the cerebellum. It causes problems with muscle movements, coordination, and balance

  • Mixed cerebral palsy

    – When something happens that causes cerebral palsy, such as deprivation of oxygen to a child’s brain during birth, different portions of the brain may all be affected. This can lead to severe impairment.

Who is Responsible for Cerebral Palsy?

Cerebral palsy can require the lifelong use of adaptive medical devices, therapy, and other care. This can be devastating to the child and to the family, especially when cerebral palsy was caused by a medical error that could have been avoided.

These mistakes can be made by:

  • Gynecologists and obstetricians
  • Nurses
  • Midwives
  • Hospitals
  • Anesthesiologists

Any medical professional who fails to live up to the obligation to provide reasonable care can be held legally responsible if the failure directly causes brain damage and cerebral palsy.  In some cases, care providers can be held accountable not only for their own mistakes but also for the errors of their employees. For example, if a hospital employs a careless doctor, that doctor’s negligence will be treated as the hospital’s negligence.

Statute of Limitations on Cerebral Palsy Cases

The statute of limitations on cerebral palsy cases can range between 2-22 years. For most medical malpractice claims, the statute of limitations is 2 years. If a child is involved, med mal claims can be brought within 8 years of the error. For disabilities, the statute of limitations does not begin until the disability has been removed.

A statute of limitations establishes the deadline for filing a lawsuit. If you file a lawsuit after the deadline passes, a court can dismiss your claim. In Illinois, as in most states, the statute of limitations depends on the type of claim.

Under Illinois law, the statute of limitations for medical malpractice cases is two years from the date when the patient actually knew or reasonably should have known that the patient suffered injury due to the negligence of a medical care provider. In no event can a patient file a medical malpractice lawsuit more than four years after the date of the negligent act or omission – regardless of when the patient discovered the injury.

Exceptions apply to these rules. Those exceptions are:

  • Medical errors involving children – Patients who are under age 18 at the time of the medical malpractice have until eight years after the date of the negligent act or omission. However, the patient must bring the lawsuit before the patient turns age 22.
  • Medical errors causing disability – If the patient suffers from a disability that makes the patient physically incapable of filing a medical malpractice claim, the statute of limitations does not run as long as the disability exists. Once the patient can physically proceed with a lawsuit, the patient has two years to file a claim.
  • Fraud – If the medical care provider purposely withholds information to conceal the medical malpractice, the statute of limitations extends to five years from the date that the patient discovers the cause of his or her injury.

In most cases, a cerebral palsy patient’s disability does not end. So, the clock may never run out on a medical malpractice claim against a health care provider who caused a child to develop the disorder. However, in some cases, therapy can help a cerebral palsy patient to lessen or overcome the disabling effects of the disorder. The defendants in a medical malpractice lawsuit could use this fact to contend that the statute of limitations bars a patient’s medical malpractice claim.

The bottom line: If a doctor has diagnosed your child with cerebral palsy that may be the result of medical malpractice, you should speak with an experienced medical malpractice lawyer from Salvi, Schostok & Pritchard P.C., about your potential legal claim as soon as possible. You do not want to lose your right to pursue full and fair compensation.

Contact a Chicago Cerebral Palsy Lawyer

At Salvi, Schostok & Pritchard P.C., we understand how frightening it is to face a cerebral palsy diagnosis for your child. We also know it can be overwhelming to think about taking legal action. However, Illinois law gives you the right to be fully and fairly compensated for all your losses, including funds to cover your child’s medical care.

Our birth injury attorneys have extensive experience helping clients with cerebral palsy and other birth injuries in the Chicago and Illinois areas. We can help to eliminate the stress by putting our legal knowledge of cerebral palsy cases to work for you.

When you are ready to schedule a free consultation about your case, you can reach us by phone or through our online form.

FAQs About Cerebral Palsy

How do I know if my child’s cerebral palsy was caused by medical negligence?
Can I sue for cerebral palsy in Illinois?

You may be able to pursue a cerebral palsy lawsuit if a medical provider’s negligence caused or contributed to your child’s condition. A successful claim requires proof that the healthcare provider failed to meet the accepted standard of care and that the failure directly resulted in injury to your child. An experienced attorney from our law firm can evaluate your situation and determine whether the case meets the legal requirements.

How long do I have to file a cerebral palsy lawsuit in Illinois?

You have two years to file most malpractice lawsuits in Illinois, but the filing window can vary for claims involving minors. It is best to consult our cerebral palsy attorneys as soon as possible after a diagnosis, so we can identify the correct deadline and start preparing a strong case well before the statute of limitations expires.

What is the average settlement for a cerebral palsy lawsuit?

The value of each case depends on multiple factors, so there is no true average settlement. Key considerations include the severity of the child’s condition, the extent of their future medical needs, and the strength of the evidence. Our attorneys can provide a more accurate assessment after reviewing the specific facts of your case.

What financial compensation can my family recover in a cerebral palsy case?

If your family pursues a cerebral palsy medical malpractice claim, you could recover compensation for a wide range of past and future losses connected to your child’s condition, including:

  • Current and future medical expenses
  • Physical, occupational, and speech therapy costs
  • Expenses related to assistive devices and home modifications
  • Lost future earning capacity
  • Pain, suffering, and lost quality of life
Does a cerebral palsy diagnosis always mean malpractice?

No, it does not automatically mean malpractice occurred, though it is involved in many cases. Cerebral palsy can also result from genetic factors, infections during pregnancy, premature birth, or other causes unrelated to medical negligence. Our Chicago cerebral palsy lawyers can investigate the specifics of your situation to determine whether a medical provider’s conduct caused or worsened your child’s condition.

How common is cerebral palsy?

Cerebral palsy is the most common childhood motor disability in the United States, according to information from the Centers for Disease Control and Prevention. The condition affects children across every demographic, and its severity ranges widely, from mild coordination difficulties to significant physical and cognitive impairments.

What is the lifetime cost of caring for a child with cerebral palsy?

The lifetime cost of caring for a child with cerebral palsy varies considerably based on the severity of the condition and the level of support the child requires. Many families face substantial expenses connected to medical care, therapy, mobility equipment, home modifications, and long-term assistance. These costs often extend well beyond childhood, which makes accurate, forward-looking financial planning an essential part of any cerebral palsy lawsuit.

How much does it cost to hire a cerebral palsy lawyer?

At Salvi, Schostok & Pritchard P.C., we represent families affected by cerebral palsy on a contingency fee basis. That means clients pay us no upfront legal fees, and our firm receives payment at the end of the case only if we recover compensation for the family through a settlement or verdict. The arrangement allows families to pursue justice for their children without added financial strain during an already difficult time.

Will a settlement affect my child’s SSI or Medicaid benefits?

A settlement or verdict could affect a child’s eligibility for needs-based government benefits such as Supplemental Security Income (SSI) or Medicaid if the funds are not structured properly. Attorneys often recommend tools such as special needs trusts to help protect a child’s continued eligibility for needs-based programs while preserving the compensation recovered through the claim. Our knowledgeable cerebral palsy attorneys can help your family structure a settlement in a way that protects your child’s access to valuable benefits.