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An Illinois cerebral palsy lawyer is a legal expert who understands the complicated state laws governing medical malpractice lawsuits. If your child developed cerebral palsy due to medical mistakes or has been discriminated against, find the right lawyer to help you get justice for your child.
Who Needs an Illinois Cerebral Palsy Lawyer?
Families need an Illinois cerebral palsy lawyer if their child developed cerebral palsy after a healthcare provider made negligent mistakes that led to the disorder.
Cerebral palsy is a neurological condition that causes permanent disabilities ranging from minor muscle problems to complete paralysis, as well as many associated disorders.
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Brain damage causes cerebral palsy, and medical mistakes sometimes cause brain damage.
For instance, if a doctor misuses forceps or fails to monitor fetal health correctly, a baby can suffer damage that leads to cerebral palsy. If you even suspect an error or negligence caused your child’s disabilities, you need a lawyer.
Later in life, your child may struggle with discrimination or be denied access to free and fair education at school.
State and federal laws protecting people with disabilities are in place to prevent this, and legal action may be required to ensure your child gets what they need.
The Benefits of Working with an Illinois Cerebral Palsy Lawyer
Without an Illinois cerebral palsy lawyer on your side, you run the grave risk of failing to get justice for your child. Medical malpractice and disability rights laws are complicated, and going up against large legal teams defending hospitals and other institutions can be challenging without the proper representation.
One of the most important benefits of working with the right lawyer is that you will significantly improve your chances of winning for your child.
There is a lot at stake: justice, holding responsible parties accountable, ensuring equal rights and educational services, and compensation to cover the high costs of care for a disabled child. In other words, your child’s future is at stake.
A lawyer can also help you by providing expert guidance on what kind of legal action to take, what compensation to seek, whether to settle or go to trial, and other big decisions. Working with a lawyer will give you the benefit of peace of mind and of knowing you are doing everything you can to help your child.
How to Find the Right Lawyer for Your Child
Working with just any lawyer is not enough. You need an Illinois cerebral palsy lawyer or law firm with expert knowledge in medical malpractice laws or disability rights, proven wins for similar clients, and experience fighting for the rights of disabled children.
Search for lawyers through the state’s bar association or ask for references from other parents in a similar situation or community organizations for disabled people.
When you look for a lawyer to represent your child and family, select someone with proven expertise and experience in your type of case.
Also, interview lawyers to find one that you like and who makes you feel comfortable. This is a big decision, and it should be made carefully.
Medical Malpractice Cases in Illinois
As the parent of a disabled child whose condition may have resulted from malpractice, you need to understand the laws and your right to seek justice. These laws vary by state and can be complicated, but knowing the basics and having the right lawyer will help you make better decisions for your child.
A fundamental law to know is the statute of limitations because it limits the time you have to take legal action against those responsible. In Illinois, you have two years from the time of the negligent medical error, or from when it should have reasonably been discovered, to file a lawsuit.
There may be some exceptions, but no case can be filed more than eight years after the incident occurred with a minor. This means you need to take action relatively quickly.
In 2005 Illinois legislators capped the amount of non-economic damages victims can recover in medical malpractice cases at $500,000. This type of compensation refers to anything that is not an actual monetary cost, like pain or emotional suffering. The state’s Supreme Court overturned that cap in 2010, declaring it unconstitutional.
Disability Rights in Illinois
Federal laws like the Americans with Disabilities Act and state laws, including the Illinois Human Rights Act, protect your child with disabilities. These and several other federal laws ensure your child is not discriminated against, has access to public spaces, and has access to a free and appropriate education.
A disabled child could face discrimination at school. Public schools must provide your child with special education services, technology, assistive devices, and anything else needed for the same education other children receive.
If you believe your child is not being given everything necessary, you can take legal action under these laws.
Cases Won by Illinois Cerebral Palsy Lawyers
In Illinois, there are several examples of successful claims winning justice and compensation for children with cerebral palsy. One of these went to the Illinois Supreme Court and helped overturn the non-economic damages cap.
A girl’s family brought the case against Gottlieb Memorial hospital and two staff members after she suffered numerous injuries during delivery and ended up with severe cerebral palsy.
The mother challenged the cap on the damages she could recover, and the Supreme Court agreed that she was entitled to more than the cap allowed.
In a case that went to trial in Cook County, a jury awarded a young boy and his family $53 million in damages. More than half of that was considered necessary for lifelong home care for the severely disabled child.
The lawyer in the case proved that medical professionals made at least 20 errors in his delivery that led to brain damage and cerebral palsy. These, in part, included failure to monitor the mom and the baby, failure to perform a C-section on time, and failure to detect an abnormal fetal heart rate.
Cerebral palsy doesn’t always occur during childbirth. Another Illinois case involved a six-year-old boy who suffered brain damage and cerebral palsy due to surgery. He was born with a damaged esophagus and required several surgeries. During one of these, the surgeon severed his pulmonary artery.
The surgeon was negligent in the action, and a jury awarded the family $30 million.
These cases are big ones, but they illustrate how important it is for families to have an Illinois cerebral palsy lawyer on their side.
The right lawyer will fight for your child’s rights, justice, and much-needed compensation that will provide care and treatment for years.
- Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
- Nelson L , et al. (n.d.). Lebron v. Gottlieb memorial hospital: Capping medical practice reform in Illinois. - PubMed - NCBI. National Center for Biotechnology Information.
Retrieved from: https://www.ncbi.nlm.nih.gov/pubmed/21639016
- 775 ILCS 5/ Illinois Human Rights Act. (n.d.). Illinois General Assembly Home Page.
Retrieved from: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64
- Yerak, B. (2016, June 30). Jury hits U. of C. hospital with $53 million malpractice verdict.
Retrieved from: https://www.chicagotribune.com/business/ct-u-of-c-malpractice-verdict-0701-biz-20160630-story.html