How Long Do I Have to Sue If My Child Has Cerebral Palsy?

 Posted on October 27, 2022 in Medical Malpractice

When you first learned that your child had cerebral palsy all you wanted to do is care for your baby day and night. But the required level of care day in and day out can be challenging and expensive. Medical negligence can lead to a lifetime of problems for both the child and the family.

Medical costs for children with cerebral palsy are 10 times higher compared to children without this disorder or other intellectual disabilities. If the realization of long-term financial expenses is setting in and you are considering filing a medical malpractice lawsuit you have to act quickly.

Statute of Limitations for Cerebral Palsy

Damage to the brain during childbirth or shortly afterward can result in cerebral palsy. It has a major impact on the child’s ability to move. So you must file a medical malpractice claim promptly.

A statute of limitations is a deadline to file a lawsuit. Once that period expires, a legal claim is no longer valid. It can sound harsh but the reasoning behind it is so that records, key information, and documents are still available when you file a lawsuit. Here are key points to understand around these time-sensitive cases in Illinois:

• Must be filed within two years of the injury

• Must file within four years if the damage was not identified within two years

• Can file a lawsuit within eight years of a child’s injury but not after the child’s 22nd birthday

Expenses after Birth Injuries

The cost to care for someone with cerebral palsy is about $1 million and rising. Compensation for birth injuries can help with some of the following financial expenses including emotional trauma:

• Medications and doctor’s visits

• Lost wages if a child requires full-time parental care

• Physical therapy and occupational therapy

• Special education

• Mobile and at-home equipment

• Pain and suffering

There are no caps that limit damages in medical malpractice cases in the state of Illinois. If you experienced complications during your childbirth and your child has cerebral palsy there are various ways to handle this serious matter and get you the compensation you deserve.

Contact a Schaumburg Medical Malpractice Lawyer

At Newland & Newland, LLP we understand that cerebral palsy has a permanent impact on your child’s life and the entire family. Call 847-797-8000 for a free consultation with a Palatine medical malpractice attorney.

We have an accomplished team of lawyers who can help you get compensation for the damages you and your child have suffered.

Sources:

https://ilga.gov/legislation/ilcs/documents/073500050K13-212.htm

https://www.cdc.gov/ncbddd/cp/data.html