Chicago Infant Wrongful Death Lawyer 

The loss of an infant due to negligence is a devastating tragedy no family should have to endure. When doctors, hospitals, or other medical professionals fail to provide proper care during pregnancy, labor, or delivery, the consequences can be fatal. If your family has suffered such a loss, a Chicago infant wrongful death lawyer can help you understand your legal options. 

Rosenfeld Injury Lawyers is here to support grieving families and fight for justice. While no compensation can undo your loss, holding negligent parties accountable can provide financial support for medical bills, funeral expenses, and other costs.

Common Causes of Infant Wrongful Death

Losing a child is devastating, especially when the infant’s death was preventable. Many cases occur due to medical negligence, defective products, or accidents. When healthcare professionals, manufacturers, or caregivers fail to protect a baby’s well-being, families may have the right to take legal action. 

A Chicago attorney can help family members investigate their case and seek compensation for their loss.

Birth Injuries

Birth injuries can lead to life-threatening complications when medical staff fail to provide proper care during labor and delivery. Doctors must carefully monitor both the mother and baby to ensure a safe birth. Negligence during delivery can result in severe infant injuries that may be fatal. 

Some common birth injuries that lead to fatalities include:

• Failure to monitor fetal distress – If doctors do not recognize signs of distress, the infant may suffer from oxygen deprivation, leading to brain damage or cerebral palsy.
• Delayed emergency C-section – When complications arise, such as umbilical cord issues or prolonged labor, failing to perform a C-section in time can result in severe injuries or death.
• Improper use of forceps or vacuum extractors – Misuse of these instruments can cause skull fractures, internal bleeding, or brain trauma.
• Mismanagement of complications – Shoulder dystocia, breech presentation, or maternal infections must be handled carefully to avoid fatal outcomes.
• Failure to resuscitate – If a baby is not breathing at birth, immediate medical attention is required. Any delay can cause severe brain damage or death.

Medical Malpractice

While birth injuries commonly occur during delivery, medical malpractice can also happen at other stages of a child’s care. Doctors, nurses, and other medical professionals must provide competent medical care throughout pregnancy and after birth. Errors in judgment, misdiagnosis, or improper treatment can lead to infant death. 

Some common examples of medical malpractice include:

• Failure to diagnose prenatal complications – Doctors must monitor for infections, gestational diabetes, or fetal abnormalities that could affect the baby’s well-being.
• Medication errors – Administering the wrong medication or dosage during pregnancy, labor, or postnatal care can be fatal.
• Surgical mistakes – Errors during a C-section or other medical procedures can result in fatal injuries to the infant.
• Failure to treat neonatal conditions – Newborns who suffer from breathing difficulties, jaundice, or infections need immediate medical attention. Delayed or improper treatment can lead to severe complications or death.
• Negligent postnatal care – If medical staff fail to monitor an infant’s condition after birth, serious injuries or death may occur.

Accidents

Not all infant wrongful death cases result from medical malpractice. Some tragedies occur due to accidents, which may involve negligence by another party. Common causes of fatal accidents involving infants include:

• Car accidents – Motor vehicle crashes involving reckless, distracted, or impaired drivers can lead to fatal injuries. Families may also have a product liability claim if a baby was not properly restrained in a car seat due to a defective product.
• Drowning incidents – Infants are at a high risk of drowning in bathtubs, pools, or other bodies of water. Daycare providers, babysitters, or other caregivers must ensure proper safety precautions are in place.
• Choking hazards – Small objects, food, or unsafe toys can pose a choking risk. If a defective product caused the infant’s death, the manufacturer may be held responsible.
• Unsafe sleep environments – Cribs, bassinets, and other sleeping products must meet safety standards to prevent suffocation, entrapment, or sudden infant death syndrome (SIDS). If a caregiver or daycare facility fails to provide a safe sleeping environment, they may be held liable.

Defective Products

Unsafe baby products can also contribute to preventable infant injuries and death. Product liability claims can arise when manufacturers release defective items that put infants at risk. Some defective products that have led to fatalities include:

• Cribs and bassinets with structural defects or suffocation risks;
• Car seats that fail in a crash due to manufacturing flaws;
• Toys and baby products with choking hazards or toxic materials.

Seeking Compensation in a Wrongful Death Lawsuit

Losing a child due to medical malpractice, defective products, or preventable accidents is an unimaginable tragedy. While no amount of money can make up for such a loss, seeking compensation through a wrongful death lawsuit can help families cover medical costs, funeral expenses, and other financial burdens. 

A Chicago wrongful death lawyer can help families pursue justice and hold responsible parties accountable.

Types of Damages

A successful wrongful death claim can provide compensation for:

• Medical expenses – Cover hospital bills, emergency interventions, and other costs related to the baby’s medical treatment.
• Funeral and burial expenses – Helps with the costs of saying goodbye to a lost child.
• Loss of future earnings – While an infant had no income, compensation may account for the financial support the child could have provided to the family over a lifetime.
• Emotional distress and suffering – Addresses the profound grief and emotional pain experienced by family members.

A Chicago birth injury lawyer can evaluate the full extent of damages to ensure families receive fair compensation.

Proving Damages

To recover compensation, families must provide evidence that the death resulted from negligence. Documentation plays a key role in proving damages, including:

• Medical records – Detailing prenatal care, delivery complications, and postnatal treatment.
• Autopsy reports – If available, this can help establish the cause of death.
• Expert testimony – Medical professionals can analyze the case and confirm whether medical malpractice or negligence occurred.
• Financial records – To support claims for medical bills and funeral expenses.

A Chicago medical malpractice lawyer will gather and present this evidence to prove negligence and fight for rightful compensation.

Wrongful Death Statute of Limitations in Illinois

Families who have lost an infant due to negligence have a limited time to take legal action. In Illinois, the statute of limitations for filing a lawsuit is generally two years from the date of the infant’s death (740 ILCS 180/). The family may lose the right to seek compensation if a lawsuit is not filed within this period.

There are some exceptions to this rule. If the death resulted from medical malpractice, certain factors—such as delayed discovery of negligence—may affect the filing deadline. Additionally, different time limits may apply if the case involves a government entity. For more details, review the Illinois Wrongful Death Act.

The Role of a Chicago Infant Wrongful Death Attorney 

Pursuing a wrongful death claim after the loss of an infant can be overwhelming for grieving families. A skilled attorney provides the legal guidance and support to hold negligent parties accountable. From investigating the cause of death to negotiating settlements, an attorney ensures families have the best chance of securing compensation for their loss.

Legal Expertise

Wrongful death cases involving infants require an attorney with deep knowledge of Illinois laws, medical malpractice regulations, and birth injury claims. Cases involving newborns hinge on complex medical issues, such as fetal distressor delivery errors. 

A skilled attorney understands how to interpret medical records, consult with experts, and build a case that demonstrates negligence.

Investigation and Evidence Gathering

A wrongful death attorney begins by conducting a thorough investigation to determine the cause of the infant’s death. This process requires gathering and analyzing extensive evidence, as negligence or product defects can all contribute to infant fatalities. Key investigative steps include:

• Reviewing medical records – A detailed examination of prenatal care, labor and delivery procedures, and postnatal medical care can reveal signs of medical malpractice.
• Consulting medical experts – Pediatricians, neonatologists, and obstetricians can provide insight into whether medical staff followed proper procedures.
• Examining autopsy reports – If an autopsy was performed, the findings can help establish the cause of death and whether it was linked to medical errors.
• Investigating product recalls or defects – If a baby product such as a crib, car seat, or formula was involved, an attorney will determine whether the defective product contributed to the fatal injuries.

A skilled lawyer will gather all necessary documentation, work with specialists, and build a strong case to prove negligence.

Determining Liability

A key step in any wrongful death lawsuit is determining who is legally responsible for the infant’s death. Multiple parties, including doctors, hospitals, manufacturers, or caregivers, may be at fault. A Chicago infant wrongful death attorney will conduct a thorough investigation to identify all responsible parties, which may include:

• Doctors and medical staff – If medical negligence occurred during labor and delivery, prenatal or postnatal treatment, healthcare providers may be held accountable.
• Hospitals and birthing centers – If unsafe policies, improper staffing, or lack of proper medical care contributed to the infant’s death, the facility itself may be liable.
• Product manufacturers – If a defective crib, car seat, or medical device led to the baby’s fatal injuries, the company that designed, manufactured, or sold the product could be held responsible.
• Caregivers or daycare providers – If negligence in child care resulted in a preventable accident, such as suffocation, choking, or drowning, the responsible party may face legal consequences.

An experienced attorney ensures that the family can seek the compensation they deserve by carefully identifying and proving negligence.

Negotiation and Litigation

After determining who is responsible for the infant’s death, a wrongful death attorney will take legal action to secure compensation for the grieving family. Many wrongful death cases are resolved through negotiations with insurance companies, while others may require a lawsuit and court trial. The attorney’s role includes:

• Negotiating with insurance companies – Insurance companies often try to minimize payouts. A skilled birth injury lawyer will fight to ensure the family receives the full amount they are entitled to for medical costs, funeral expenses, and emotional suffering.
• Handling all legal paperwork and court filings – The legal process can overwhelm grieving families. An attorney will take care of every step, ensuring deadlines are met and documents are correctly submitted.
• Litigating the case in court – If a fair settlement cannot be reached, an attorney will present the case before a judge or jury, using expert testimony and evidence to fight for justice.
• Securing maximum compensation – The goal is to obtain a settlement or court award that covers all financial and emotional damages, helping the family move forward.

Whether through settlement or litigation, an experienced Chicago birth injury attorney will aggressively pursue justice for families who have suffered an infant wrongful death.

Book a Free Consultation!

If your family has suffered the heartbreaking loss of an infant due to medical negligence or a preventable accident, you deserve answers and justice. At Rosenfeld Injury Lawyers, our compassionate and experienced infant wrongful death lawyers are here to support you.

We understand the emotional and financial challenges families face after such a devastating loss, and we are committed to holding negligent doctors, hospitals, and other responsible parties accountable.

Our Chicago personal injury law firm offers a free consultation to discuss your case and explain your legal options. We work on a contingency fee basis, meaning you pay nothing unless we win your case.

Call us at (888) 424–5757 or complete our contact form to schedule your free consultation. Let us help you seek compensation for medical bills, funeral expenses, and emotional suffering while fighting for justice for your child.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.