If your child was diagnosed with cerebral palsy and you have questions about what happened during labor and delivery, a cerebral palsy birth injury lawyer at Mixan Mahony, LLC can review your family’s situation for free. We represent Illinois families from our Chicago office, with phone and video meetings available. Cerebral palsy has many causes, and many are not anyone’s fault, but some cases are linked to avoidable delays or errors around the time of birth.
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Understanding Cerebral Palsy and Birth Injuries
Cerebral palsy is a group of conditions that affect movement, muscle tone, and posture. It is caused by injury to or abnormal development of the brain, usually before birth, during delivery, or shortly after. Signs may not be obvious right away, and many children are diagnosed months or even years later, when milestones are delayed.
Because cerebral palsy can result from genetic factors, infections, or problems during pregnancy that no one could prevent, a diagnosis alone does not mean a provider was careless. A legal review focuses on whether a lack of oxygen, an untreated infection, trauma, or another birth-related event could have been prevented or reduced with timely care.
Delivery Room Problems a Cerebral Palsy Birth Injury Lawyer Reviews
Records often show how the care team responded to warning signs. Issues that commonly come up in a review include:
- Failure to recognize or respond to concerning fetal heart rate patterns on the monitor strip.
- Delay in performing a cesarean section when the baby showed signs of distress.
- Improper use of vacuum extractors or forceps.
- Failure to diagnose or treat maternal infections, preeclampsia, or other conditions.
- Delayed resuscitation or neonatal care after a difficult birth.
- Failure to offer or start cooling therapy (therapeutic hypothermia) when a newborn showed signs of oxygen-related brain injury, where that treatment was indicated.
Proving a Cerebral Palsy Claim in Illinois
These claims are built on records. We collect the prenatal chart, the labor and delivery record, the fetal monitoring strips, the newborn’s chart, imaging such as brain MRIs, and later developmental evaluations. Qualified physicians in obstetrics, neonatology, pediatric neurology, and radiology then review whether the care met accepted standards and whether earlier action would likely have changed the result.
Illinois requires a written report from a qualified health professional to support a medical negligence lawsuit. Hospitals and their insurers usually defend these claims vigorously, so early, organized record collection matters.
Planning for a Child’s Future Needs
Children with cerebral palsy may need physical, occupational, and speech therapy, mobility equipment, home and vehicle changes, special education support, and ongoing medical care into adulthood. A claim may seek compensation for those future needs as well as past medical bills and the family’s losses. Life care planners and economists are often used to estimate long-term costs.
Illinois Deadlines and Fault Rules for a Cerebral Palsy Birth Injury Lawyer Claim
- Medical negligence: under 735 ILCS 5/13-212(a), a claim generally must be filed within 2 years after the injury was or should have been discovered, and no more than 4 years after the act or omission.
- Children: under 13-212(b), a claim for a person injured as a minor generally must be filed within 8 years after the act or omission, and never after the person’s 22nd birthday.
- Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
- More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
- Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
- Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.
These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.
Compensation Families and Injured People May Seek
In a birth injury claim, damages may include past and future medical care, therapy, equipment, home modifications, and lost earning capacity for the child, as well as costs the family has paid. Illinois law also allows recovery for pain and suffering, disability, and loss of a normal life in appropriate cases.
Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.
What to Do Next
- Request your complete prenatal, labor and delivery, and newborn records.
- Keep a journal of your child’s symptoms, appointments, and therapy.
- Save bills, insurance statements, and correspondence with the hospital.
- Avoid signing releases or statements for a hospital or insurer before talking with a lawyer.
- Call us for a free review.
Related Practice Areas
You may also find these pages helpful:
We also serve clients in communities such as Oak Lawn, Downers Grove, Peoria and Bloomington, Springfield.
We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.
What to Expect When You Call Our Firm
When you contact a cerebral palsy birth injury lawyer at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.
After that first call, a cerebral palsy birth injury lawyer on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.
Throughout the case, you can expect plain-English updates. Working with a cerebral palsy birth injury lawyer does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.
Many people wait to call a cerebral palsy birth injury lawyer because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.
Talk With a Cerebral Palsy Birth Injury Lawyer at Mixan Mahony, LLC
Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A cerebral palsy birth injury lawyer at our firm will listen, explain the law that applies, and outline the next steps without pressure.
- A free first conversation by phone or video.
- Records requests sent directly to providers, agencies, and insurers.
- Electronic signatures for paperwork.
- Updates by phone, email, or text.
Meet the Partners
Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.
No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.
Contact Mixan Mahony, LLC
Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps
We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.
Practice Areas.
Car Accident
Sexual Abuse and Assault
Trucking Accidents
Wrongful Death
Medical Negligence
Uber/Lyft Accidents
Work Injuries
Nursing Home Abuse
Motorcycle Accidents
Pedestrian Accidents
Slip and Fall
COMMONLY ASKED
Questions About Cerebral Palsy Birth Injury Lawyer Claims
How do I know if my child’s cerebral palsy was caused by a birth injury?
You usually cannot tell from the diagnosis alone. Qualified physicians need to review the pregnancy, labor and delivery, and newborn records, along with imaging, to evaluate whether a preventable event during birth played a role.
What is the deadline for a cerebral palsy birth injury claim in Illinois?
For claims on behalf of a minor, 735 ILCS 5/13-212(b) generally requires filing within 8 years after the act or omission, and never after the child’s 22nd birthday. Other deadlines may apply to parents’ claims or special situations, so confirm with a lawyer.
Our child was diagnosed years after birth. Is it too late?
Not necessarily. Many children are diagnosed later, and the minors’ deadline allows more time than adult claims. A lawyer can calculate the deadline for your child’s situation.
Which records matter most in a cerebral palsy case?
Fetal heart monitoring strips, the labor and delivery nursing notes, the newborn’s chart, cord blood gas results, and brain imaging are often central. We can request these records for you.
Can a claim include the cost of therapy and equipment?
A claim may seek compensation for past and future medical care, therapy, equipment, and related costs, along with other losses allowed by Illinois law. Every case depends on its facts.
What does it cost to talk with a cerebral palsy birth injury lawyer at our firm?
The consultation is free, and there is no attorney fee unless we recover for you. How case costs are handled is explained in writing in the fee agreement.