Cerebral palsy can sometimes be linked to medical negligence before, during or shortly after birth, but many cases have no link to negligence, so the records must be reviewed. Because cerebral palsy is lifelong and can bring heavy medical, therapy and care needs, families often ask whether compensation may be due. For a person under 18 when the claim accrued, 735 ILCS 5/13-212(b) sets an outer limit: 8 years after the act or omission, and never after the 22nd birthday. Call Stavros Law Offices at (847) 520-4810 for a free consultation.

General information, not legal advice. Last reviewed: October 2026.

If your child has been diagnosed with cerebral palsy, you may be carrying a great deal at once, and you may be asking whether something went wrong during the pregnancy, delivery or the first days of life. This page explains how that question is approached in Illinois. It is part of our medical malpractice resource and builds on our broader page about birth injury claims in Illinois. Nothing here suggests that any particular child's condition was caused by anyone's negligence.

What Is Cerebral Palsy?

The Centers for Disease Control and Prevention (CDC) describes cerebral palsy (CP) as a group of disorders that affect a person's ability to move and to maintain balance and posture. It is caused by abnormal development of the brain or damage to the developing brain, which affects how a child controls the muscles. The National Institute of Neurological Disorders and Stroke (NINDS) describes it as a condition that appears in infancy or early childhood and permanently affects body movement and muscle coordination.

CP looks different from child to child. Some children have mild difficulty with movement. Others have significant limits on mobility, speech, feeding or learning. Symptoms are often noticed in the first months or years, so a diagnosis can come well after birth.

Not Every Case of Cerebral Palsy Is Caused by Negligence

Federal health agencies identify many possible causes and risk factors for CP, including genetic factors, problems with how the brain formed, infections or fever in the pregnant parent, stroke before or around birth, premature birth and low birth weight. The CDC notes that scientists once thought CP was mainly caused by lack of oxygen during birth and now believe that this explains only a small number of cases.

That does not mean medical care never plays a role. It means that the cause has to be investigated rather than assumed. The records may show that a problem was missed or mishandled, or they may show a cause no provider could have prevented. An honest evaluation looks at both.

Birth-Related Events Reviewed in Possible Malpractice Cases

When a family asks whether CP may have been caused by negligent care, a qualified health professional will usually look at questions like these:

• Oxygen deprivation and hypoxic-ischemic encephalopathy (HIE). HIE is a brain injury caused by a lack of oxygen or blood flow, and NINDS notes that it can cause CP. The question is what caused it and whether it was treated promptly.
• Delayed cesarean delivery. A review asks whether signs of distress called for a cesarean and whether it happened in time.
• Fetal monitoring. Fetal heart rate patterns are tracked during labor. A review looks at whether concerning patterns were noticed and acted on.
• Infection. A review asks whether signs of infection in the mother or newborn were recognized and treated in time.
• Neonatal care. This includes resuscitation, monitoring and treatment in the first hours and days, including care in a neonatal intensive care unit.
• Severe jaundice and kernicterus. The CDC explains that severe jaundice that goes untreated for too long can cause kernicterus, which can lead to CP, and describes it as a cause that can potentially be prevented.

These are questions, not conclusions. The answers depend on the chart, the timeline and medical opinion.

A Catastrophic, Lifelong Injury for the Child and Family

When cerebral palsy is severe, it can change the course of a child's whole life and the lives of those who provide care. Because CP is permanent, needs often continue and change from infancy through adulthood. Depending on the child, they can include:

• Therapy, such as physical, occupational and speech therapy, over many years.
• Medical care, including visits with doctors, medication, orthopedic care, surgeries and hospital stays.
• Equipment, such as wheelchairs, braces, standing or walking aids, communication devices and adaptive seating.
• Home and vehicle modification, such as ramps, widened doorways, accessible bathrooms and lifts.
• Daily care, which may involve family caregivers, home health aides or nursing help.
• Education support, including services at school.
• Reduced ability to work in adulthood, which may affect independence and earning capacity.

We do not quote averages or dollar ranges here, because figures from other families say little about yours. What matters is that the full, long-term picture is understood before decisions are made.

Why It Matters to Have a Lawyer Evaluate the Case

You do not have to decide today whether to pursue a claim. But there are good reasons to have an attorney evaluate the situation early:

• The cause is rarely obvious from the diagnosis. Only a review of the records by qualified health professionals can show whether care fell below the accepted standard and caused the injury.
• Records take time to gather. They may be held by several providers.
• Illinois requires a health professional's review. A malpractice complaint must generally be filed with an affidavit and a written report from a qualified health professional who found a reasonable and meritorious cause for the action (735 ILCS 5/2-622). Gathering records and obtaining that review takes time.
• Deadlines exist, and they are not always as long as families expect.
• Evidence and memories fade. Earlier is better for records and notes.
• A review may also give you an answer. If the records do not show negligence, knowing that can bring some clarity.

An evaluation is not a commitment to file a lawsuit. It is a way to find out what the records show and what your options are.

Deadlines When the Injured Person Is a Child

For malpractice claims against physicians, dentists, registered nurses and hospitals, the general Illinois rule is two years from when the claimant knew or should have known of the injury, and no more than four years after the act or omission (735 ILCS 5/13-212(a)). For a person who was under 18 when the cause of action accrued, subsection (b) provides that the action may not be brought more than 8 years after the act or omission, and in no event after the person's 22nd birthday (735 ILCS 5/13-212(b)).

When the act or omission happened at or around birth, eight years from that date falls well before the child's 22nd birthday. Families should therefore not assume they have until age 22. Subsection (c) also says that when a person is under a legal disability other than being under 18, the limitations period does not begin to run until the disability is removed. Whether and how that applies to a particular child, and how subsections (a), (b) and (c) fit together, are legal questions we answer only after reviewing the facts.

Parents' own claims can follow different timing rules, and section 13-212 refers to other provisions, including fraudulent concealment under 735 ILCS 5/13-215. Different rules can also apply when a government-run facility is involved, so tell us where the care took place.

Our page on medical malpractice deadlines in Illinois covers these rules in more detail, and our overview of Illinois personal injury statutes of limitations covers other injury claims.

What a Lawyer's Evaluation Covers

At a free consultation, we listen first. An evaluation of a possible cerebral palsy claim looks at:

• The timeline: the pregnancy, labor, delivery and newborn period, and when the diagnosis was made.
• The records: which providers and hospitals were involved and what documents exist or must be requested.
• The medical questions: whether there are signs of oxygen deprivation, infection, jaundice or other events that call for review by qualified health professionals.
• The child's current and future needs, as documented by treating providers.
• The deadlines that may apply to the child and to the parents.
• The next steps, including whether further review is warranted, and what that review would involve.

If a case moves forward, the steps are record review, the Section 2-622 report, filing, discovery and possible mediation or trial. See our guide to how a medical malpractice lawsuit works in Illinois.

What Families Can Do Now

• Request records in writing from every hospital, clinic and provider involved in the pregnancy, delivery and the baby's early care, and keep copies of everything you receive.
• Do not discard anything related to the pregnancy, delivery or your child's care, including papers, bills, photos and messages.
• Write down what you remember while it is fresh: who was present, what you were told, and when.
• Keep a care log of appointments, therapies, equipment, medications and daily needs.
• Keep following your child's medical team's advice. A legal review should never delay care.

Compensation That May Be Considered

If a claim is brought and the evidence supports it, a medical malpractice case may seek compensation for harm in categories such as:

• past and future medical and therapy expenses;
• the cost of equipment, home modification and ongoing care;
• reduced ability to earn a living in the future; and
• pain, suffering and loss of a normal life.

Whether any category can be recovered is a legal question that depends on the facts and the law. No lawyer can promise an outcome, and no amount of compensation can undo a child's injury.

Frequently Asked Questions

Is cerebral palsy always caused by medical malpractice?

No. Cerebral palsy has many possible causes, including genetic factors, infections, stroke and premature birth, and many cases are not linked to any provider's negligence. A claim generally requires that care fell below the accepted standard and caused the harm, which a qualified health professional must review.

Can a lack of oxygen at birth cause cerebral palsy?

It can. A brain injury from a lack of oxygen, called hypoxic-ischemic encephalopathy, can cause cerebral palsy, although the CDC notes that oxygen loss during birth accounts for only a small number of cases.

How long do I have to bring a claim for my child?

For a person under 18 when the claim accrued, 735 ILCS 5/13-212(b) provides that a malpractice action against a physician, dentist, registered nurse or hospital may not be brought more than 8 years after the act or omission, and never after the person's 22nd birthday. Other rules may apply to other claims, so have your dates reviewed promptly.

What is the Section 2-622 report?

Under 735 ILCS 5/2-622, an Illinois malpractice complaint must generally be accompanied by an affidavit and a written report from a qualified health professional who reviewed the records and found a reasonable and meritorious cause for filing. A separate report is required for each defendant.

Does it cost anything to talk with Stavros Law Offices?

The initial consultation is free. Call (847) 520-4810 and bring your dates and any records you have.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. If you are wondering whether your child's cerebral palsy may be connected to medical care, call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.