cerebral palsy from birth

It sounds as if you have had more than your share of challenges. Yours is a hard question to answer on a couple of levels. First, I can't tell if your son can still pursue his claims withouth knowing more. I would need to know more about what happened with the case that was filed by your prior lawyers. In general, once a case in Illinois is filed and dismissed, it is either over for good, or (assuming your prior lawyers dismissed it in a particular way) you have only one year to refile. If your son is mentally disabled, that may also play a role. The only way to get an answer that you can rely on to this question is for you to consult another lawyer, who will ask the right questions to gather all of the information necessary. I also don't know whether another lawyer will take your son's case, assuming that it can still be pursued. The fact that two lawyers have looked at the case and turned it down certainly suggests that the case is challenging. One of the most frustrating things for client is coming to grips with the fact that sometimes a client will get bad medical care but there is simply not enough proof to convince a lawyer to risk the hundreds of thousands of dollars in expenses and hundreds of hours of work which will be necessary to move the case forward. I don't know, of course, whether your case is one of those-- I simply know that this happens sometimes and it is intensely frustrating for both the lawyer and the client. The only way for you to know for sure is to go see another lawyer, someone who specializes in birth injury cases. Given the seriousness of your son's injury and the level of your frustration, I think it's worth another try. Best of luck.

I have to agree with Mr. Clancy. Whether you can even continue to pursue this matter requires more information including how and whether the case was ever dismissed and your son's current condition. In addition, as Mr. Clancy stated, the fact that 2 different attorneys have advised you that you would not likely win the case is a strong indicator that any other attorney may not be willing to take on your case either. Although incredibly frustrating, it doesn't matter what actually happened - what matters is what you can prove. With records missing and memories of the staff involved now tainted by 26 years having passed, your case would most likely be difficult to win. Oftentimes birth injury cases are difficult to prove from the get go and do cost a tremendous amount of money to litigate and all of the risk is on the plaintiff's attorney. I wish you and your son all the best.