Can You Sue a Hospital for a Newborn’s Death in Illinois?

Few things come with as much grief as the loss of a child. If you have lost a newborn child at a hospital, you may be completely despondent. Sometimes, these tragic deaths can be attributed to an act of negligence, incompetence, or careless behavior on the part of a medical professional. If you believe the death of your infant resulted from medical malpractice, you have a right to file a wrongful death lawsuit against a hospital.

Although a monetary settlement can never mend the wound in your heart, it can provide you with financial stability and some semblance of justice. A medical malpractice lawyer can help you build a case for a settlement, fighting for your compensation while giving you the space to mourn in private.

Causes of Infant Death From Medical Malpractice

In some cases, an infant may not survive past labor despite the full attention of a team of doctors and nurses. In other cases, a doctor or nurse’s mistake can come with devastating consequences for the newborn’s chances of survival. Common causes of infant death during delivery include:

Strain in labor. The stress of delivery can put an infant at risk of serious injury or death. If a medical professional fails to react in time to these complications, he or she could be held liable for the loss.
Oxygen deprivation. A newborn can be unwittingly choked by an umbilical cord or end up stuck in the birth canal, blocking the flow of oxygen and causing irreparable harm.
Blocked blood flow. Maternal hemorrhaging or a compressed umbilical cord can interrupt blood from getting to the infant’s brain, with potentially devastating results.

Not all acts of negligence may stand out as obvious. If you are unsure about whether you have a case for a wrongful death claim, you should consult with a personal injury lawyer who can go over your claim with you.

Making a Wrongful Death Claim

In Illinois, only the surviving family can make a wrongful death claim on behalf of a victim, such as the spouse or children of the deceased. In cases of wrongful infant death, this right almost invariably falls to the parents. There is no monetary cap for wrongful death settlements in Illinois.

Damages in a Wrongful Death Claim

Following the wrongful death of an infant, you can take steps to recover compensation for two kinds of damages:

Economic damages, which refer to financial expenses incurred from the death. This may include hospital bills, funeral expenses, and lost wages from missed work.
Non-economic damages, which refer to intangible costs incurred from the death. This may include the emotional anguish a family has experienced due to the death of a child, as well as general pain and suffering.

The loss of a newborn child comes with great sorrow as well as financial burdens. If you are looking to address the wrongful death of your child, you should know that compensation does not stop at economic damages alone. A medical malpractice lawyer can make a compelling case for your pain and suffering while negotiating for a settlement, laying the foundation for a full payout.

Evidence in a Wrongful Death Claim

As with any personal injury claim, filing a wrongful death suit requires proof of the hospital, doctor, or other medical professional’s fault. In cases of wrongful infant death, relevant evidence might include medical records, witness testimony, photographs, or video. A medical malpractice attorney can help you compile this evidence and consult with expert witnesses to support your claim. It is best to file a wrongful death claim sooner rather than later while there is still ample evidence to be gathered.

The Statute of Limitations

In most cases, there is a two-year statute of limitations in Illinois for medical malpractice resulting in wrongful death. What this means is that you will have up to two years after the death of an infant to file a lawsuit. This is a narrow window to pursue legal action, especially while you are still grappling with grief and dealing with the effects of a tragic loss. A medical malpractice attorney can help you file your claim as quickly and efficiently as possible before the deadline arrives.

There is a notable exception in which the two-year statute of limitations may be extended. In Illinois, you must be at least 18 years of age to file a wrongful death claim, so a minor looking to pursue a settlement will have two years after their eighteenth birthday to file a claim. In the event of teen pregnancy, the statute of limitations for wrongful infant death is postponed until after the minor parent turns 18.

Who Can Be Held Liable?

Depending on the circumstances, a medical malpractice lawsuit for a wrongful death may name multiple guilty parties, such as:

A doctor or surgeon who failed to live up to their duty of care. Botched C-sections are a common example of fault on the part of a doctor.
A nurse who inadvertently neglects a mother or infant’s health during delivery, such as by failing to monitor the patient and watch for signs of fetal distress.
The hospital itself.

A hospital or other facility can be held liable for the negligent acts of its employees, as long as those employees were acting within the scope of their duty. This responsibility of the hospital is known as vicarious liability under Illinois law. A hospital might also be held responsible if conditions in the facility contributed to the infant’s death, such as when infections occur due to sanitation issues or when staff members are undertrained or overburdened.

Speak With an Arlington Heights, IL Medical Malpractice Attorney

If you have lost your child due to the negligence of a doctor, surgeon, or other medical professional, you are entitled to file a claim to address your damages. A full settlement should address the harm done to your family on an emotional and financial level. A Cook County medical malpractice attorney can give you an honest appraisal of what your case is worth, taking into account how much your loss has affected you.

In the end, nothing can replace your child. However, a fair settlement can provide you with some comfort after a traumatic loss.