How Do You Know if a Doctor Is Responsible for Your Child’s Cerebral Palsy?

 Posted on August 26, 2026 in Medical Malpractice

Learning that your child has cerebral palsy can raise painful questions about what happened during pregnancy or delivery. Cerebral palsy has many possible causes, so the diagnosis alone does not prove that a doctor made a mistake.

However, a doctor may be responsible when a preventable medical error causes the brain injury that led to your child’s condition. If you have questions about the care your child received and suspect a birth injury, a Chicago, IL medical malpractice lawyer can help investigate what happened.

When Can Cerebral Palsy Be Caused by Medical Malpractice?

Cerebral palsy affects a person’s ability to move and maintain balance. It results from damage to the developing brain or abnormal brain development.

The CDC reports that a lack of oxygen during birth causes only a small number of cerebral palsy cases, and many cases have nothing to do with malpractice. Premature birth and infections are among the other known risk factors.

Malpractice may occur when a medical provider fails to give proper care, and that failure causes brain damage. For example, a doctor may fail to respond appropriately when a baby is not getting enough oxygen during labor. 

What Medical Mistakes Can Lead to Cerebral Palsy?

Labor can change quickly and requires doctors and hospital staff to watch for signs that the baby is in danger and take action when needed. If they fail to do so, it may lead to medical issues for your child.

Some medical errors that may lead to cerebral palsy include:

• Failing to recognize or respond to fetal distress.

• Waiting too long to perform a necessary C-section.

• Failing to address an umbilical cord or placental problem.

• Failing to properly manage a serious labor complication.

However, an error during delivery does not automatically prove malpractice. There must be evidence that the provider failed to meet the proper standard of care and that this failure caused the child’s injury.

How Can You Find Out if a Doctor in Illinois Caused Your Child’s Cerebral Palsy?

Finding the cause often requires a close review of what happened before and during birth. An attorney can obtain the medical records and fetal heart monitoring strips from the delivery. The timing of key medical decisions may also be important.

Medical professionals can review this evidence to see whether the care met accepted standards. They can also consider whether a medical error caused or contributed to the brain injury.

Under 735 ILCS 5/2-622, the plaintiff generally needs a written report from a qualified health professional stating that there is a reasonable basis for the lawsuit. Illinois requires this type of professional review before most medical malpractice cases can move forward. 

How Long Do You Have to File a Cerebral Palsy Malpractice Lawsuit in Illinois?

Illinois gives children more time to bring medical malpractice claims than adults, but there is still a firm deadline. According to 735 ILCS 5/13-212, a medical malpractice claim involving a child under 18 generally must be filed within eight years of the medical error. 

Families should not assume they have years to investigate. Starting earlier makes it easier to collect medical records and determine what happened.

What Compensation Is Available for the Family of a Child With Cerebral Palsy?

When medical malpractice causes cerebral palsy, a claim seeks compensation for the harm caused by the injury. Every claim is different, but the most common damages include past medical bills and the cost of future medical care. Compensation may also cover physical therapy, special equipment, and changes to make a home accessible.

For a child with serious cerebral palsy, future needs can also be a major part of the claim. Some children need help with daily activities or ongoing care as adults. A claim can account for those expected costs as well as the effect the injury has on the child’s quality of life.

Contact a Chicago, IL Cerebral Palsy Medical Malpractice Attorney

Parents may not know whether their child’s cerebral palsy was preventable until the medical records have been carefully reviewed. The Chicago, IL medical malpractice lawyers at Tomasik Kotin Kasserman, LLC handle serious medical negligence cases and have more than 150 years of combined legal experience. The firm has also obtained major recoveries in cases involving children with cerebral palsy, including a $22 million birth injury settlement.

We offer free consultations and handle cases on a contingency basis, meaning you do not pay unless we win. Call 312-605-8800 to discuss your child’s case and whether medical negligence may have played a role.

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