If your child was diagnosed with cerebral palsy, you may be eligible to recover damages in a cerebral palsy claim. This condition is commonly linked to medical negligence occurring during pregnancy, labor, delivery, and post-natal care. The types of damages in a cerebral palsy claim include economic damages, like medical bills, and non-economic, or general damages, like pain and suffering.
For more information about the compensation that may be available to you, contact the medical malpractice lawyers at Ankin Law in Chicago for a free case review. Call 312-600-0000.
Is Cerebral Palsy Linked to Medical Malpractice?
Cerebral palsy is often linked to medical malpractice because it is frequently caused by negligent actions or medical errors made during pregnancy, labor and delivery, and immediately after childbirth. However, the brain damage or abnormal development that leads to CP can occur any time during pregnancy up through the early years of the child’s life. People whose conditions were caused before or during birth are said to have “congenital cerebral palsy”. If the brain damage or abnormal development occurred more than 28 days after the child was born, the patient is said to have “acquired cerebral palsy”. According to the CDC, roughly 85% to 90% of CP cases are congenital.
What is cerebral palsy? Cerebral palsy is a serious medical condition that causes abnormal brain development and central nervous system disorders. Cerebral palsy has lifelong consequences for children who are afflicted with the condition. Sadly, there is no cure. All children who have cerebral palsy have problems with body movement, muscle coordination, and posture, but not all people with the condition have profound disabilities. Someone with mild CP might not need assistance, or may only need minimal assistance. A person whose condition is severe may have many physical and mental impairments. Sometimes symptoms must be managed by surgical procedures, ongoing medical treatments, medications, and medical support devices.
How Much Are Damages in a Cerebral Palsy Claim?
Damages in a cerebral palsy claim can vary widely based on the severity of the child’s condition, the extent of medical negligence, and the impact on the child’s quality of life. However, these claims often involve significant compensation due to the lifelong medical needs and support required. On average, it takes over $1.6 million to care for a child with cerebral palsy over their lifetime. Parents or guardians of a child with cerebral palsy can expect yearly expenses of around $742,326 in indirect medical costs, $93,942 in direct medical expenses, and about $84,732 in direct nonmedical costs.
What Are the Types of Damages Available in a Cerebral Palsy Claim?
The types of damages available to you will depend on the losses your family has suffered, and will likely continue to suffer because of medical malpractice. When awarding damages in a CP case, the Court will consider your economic damages (financial losses), as well as your non-economic damages (subjective losses). Punitive damages are not allowed to be awarded in Illinois medical malpractice cases. Generally, damages in a cerebral palsy claim can be broken down into several categories:
1. Medical Expenses
This includes costs for surgeries, therapies (physical, occupational, and speech), medications, medical equipment, and ongoing treatments. Future costs are often substantial, as cerebral palsy requires lifelong care, which can reach millions of dollars depending on the patient’s needs.
2. Cost of In-Home Care or Assisted Living
Many individuals with cerebral palsy need daily assistance, which may require in-home caregivers or even specialized assisted living facilities. Compensation may cover these current and projected lifetime care costs.
3. Pain and Suffering
This component compensates for the physical pain, emotional distress, and reduced quality of life associated with cerebral palsy. Courts consider factors like the severity of the condition, limitations on mobility and activities, and mental distress.
4. Loss of Enjoyment of Life
This covers the impact on the child’s ability to engage in normal life activities, such as recreational and social activities, as well as limitations in forming relationships or achieving certain milestones.
5. Loss of Future Earning Capacity
Cerebral palsy can limit a child’s ability to work in the future, leading to reduced or eliminated earning potential. Compensation may account for this projected loss, considering the child’s expected life span and potential earnings had they not been disabled.
6. Special Education and Supportive Services
Children with cerebral palsy often need specialized education, which may include private schooling, individualized programs, tutors, or special equipment. These expenses can be substantial and are often included in claims.
7. Home Modifications and Adaptive Equipment
Many children with cerebral palsy require wheelchairs, communication devices, and home modifications (like ramps and accessible bathrooms) to accommodate their physical needs. Compensation may cover these current and anticipated future costs.
8. Mental Anguish of Parents and Family Members
In some cases, courts allow damages for the emotional distress suffered by parents and family members, given the profound impact of caring for a child with a disability.
Average Settlement and Verdict Ranges
Settlements and verdicts for cerebral palsy claims can range widely, often from hundreds of thousands to tens of millions of dollars. While smaller cases may resolve with settlements in the lower range, more severe cases, especially those involving clear evidence of medical negligence, often reach higher figures due to the lifetime costs involved.
Filing a Cerebral Palsy Claim in Illinois
In Illinois, medical professionals and hospitals must provide patient care based on the acceptable standard of care. Any medical professional or hospital that fails to provide a patient with proper medical care can be held liable for the patient’s injuries and financial damages. When cerebral palsy is linked to birth injuries caused by medical negligence or errors, a medical malpractice lawyer can file a lawsuit for damages in a cerebral palsy claim against medical professionals including gynecologists, obstetricians, anesthesiologists, nurses, midwives, as well as medical institutions like hospitals, clinics, birthing centers.
There are specific laws and regulations that govern cerebral palsy medical negligence cases in Illinois. If you are considering filing a cerebral palsy lawsuit, it is important to work with an experienced lawyer who can guide you through the legal process involved in bringing an Illinois birth injury lawsuit. A cerebral palsy lawyer can gather evidence that establishes legal proof of medical malpractice:
1. The healthcare provider had a duty to provide appropriate care to the patient
2. The healthcare provider breached that duty by failing to provide appropriate care
3. The breach of duty caused the patient’s cerebral palsy
4. The breach of duty resulted in the patient’s injuries
Filing an Affidavit of Merit
Before you can file a medical malpractice lawsuit in Illinois, the law requires you to first file an affidavit of merit with the court. This affidavit shows proof to the court that you have consulted with another medical professional who is qualified to serve as a medical expert in your case. An affidavit of merit is a signed document stating that a medical expert has reviewed the case and determined that the case has merit in a court of law. This affidavit requires the medical expert to declare under oath that the medical professional (the defendant) did not comply or fell short of the acceptable standard of care.
Illinois laws give you 90 days from the date you file your complaint to consult with your lawyer and file the affidavit of merit with the court. Once it is filed, the defendant has 30 days after being served to respond. When filing your complaint, you are required to attach the affidavit of merit, or the court can dismiss your lawsuit. Your medical malpractice lawyer can guide you through this process and ensure that all filing procedures conform to Illinois laws.
Statute of Limitations and Additional Considerations
In Illinois, cerebral palsy claims are subject to a specific statute of limitations. Generally, medical malpractice claims must be filed within two years of the date of injury or discovery of injury. However, claims for minors may have extended deadlines, with cases often needing to be filed before the minor reaches the age of 8. Adhering to these deadlines is crucial for preserving your right to compensation. Your attorney can help ensure compliance with the statute of limitations and advise on the necessary steps for preserving medical records and other evidence.
If you suspect that your child’s cerebral palsy is linked to medical malpractice, contact us for legal advice. Our medical malpractice lawyers at Ankin Law in Chicago offer a free case review to determine if you have a medical malpractice lawsuit.