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Understanding Infant Wrongful Death in Illinois

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AJ Thut circle blog reviewed by

Content Reviewed by:
A.J. Thut

Content Reviewed by: A.J. Thut

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Since 2013, A.J. Thut has represented accident victims, medical malpractice victims, and victims of nursing home abuse who were injured or killed because of someone else’s negligence. He was first recognized as an Illinois Super Lawyers Rising Star in 2018 and every year after that until 2023. Since 2023, he has been designated a Super Lawyer. He has lectured colleagues at the Chicago Bar Association MCLE and the National Academy of Continuing Education. He is kind and compassionate toward clients but tough in the courtroom. He has obtained numerous six and seven-figure verdicts in complex personal injury cases.

Understanding Infant Wrongful Death

Even medical professionals can cause tragic labor and delivery mistakes that result in life-long injuries, stillborn, or a circumstance so dire that a newborn death is a result. It is possible that medical staff, including obstetric physicians, pediatricians, nurses, medical assistants, did not do all they could to keep the fetus or newborn safe. It’s likely injuries or infant death could have been prevented with diligent medical care.

For example:

In some of these cases, when the injury or death could have been prevented, a wrongful death claim serves its purpose and provides clarity to a family and sets policy changes and extra safeguards for hospitals to follow.

Hospitals May Try to Quiet Your Questions and Concerns

When a baby dies unexpectedly, it is reasonable to want answers, and uneasy feelings about what happened are normal. However, if you sense an odd response from anyone involved in your delivery, that may serve as an indication that someone made a mistake and did something they shouldn’t have, don’t ignore those feelings. Prompt the medical team and ask questions. Demand answers that will provide a greater sense of understanding of what happened to your child. Your questions may prompt hospital leadership to tell you that the medical staff took all precautions, followed procedures, and did all they could to save the baby. They may even offer a monetary settlement in an attempt to make you feel better before sending you on your way.

These investigations should never be concluded quickly, and you should never accept money or sign anything before consulting with an attorney. A health system’s response to your tragedy could provide a clear indication that they feel responsible.

Claiming Monetary Damages for An Infant Wrongful Death

Infant wrongful death lawsuits are generally filed by family members or beneficiaries of the child who died. In some instances, these claims are filed to obtain monetary damages and other recoveries.

  • Expenses associated with the death, such as medical and funeral bills
  • Lost benefits, such as insurance, from the death
  • Loss of inheritance from an untimely death
  • Pain, suffering or mental anguish suffered by the survivor of the decedent
  • Loss of companionship, care or protection
  • Punitive damages, intended to punish wrongdoers and prevent them from harming others

If your family has recently lost an infant due to someone else’s negligence, it is best to contact a wrongful death attorney to discuss the legal options available to them in Illinois. In a wrongful death suit, a family member is seeking money damages for a loved one’s death. Since there is no set way to determine how long your particular case will take, it’s best to act quickly and understand that it may take quite some time before it is resolved.

Contact a Chicago Wrongful Death Attorney at Levin & Perconti

Our birth injury and wrongful death attorneys are based in Chicago but handle cases throughout Illinois. All consultations are free, and we work on a contingent fee basis and there are no fees for our services unless we successfully resolve your case.

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