Suing for a Birth Injury That Led to a Child's Death

 Posted on July 09, 2026 in Medical Malpractice

Losing a child due to a birth injury is an unimaginable tragedy, and no family should have to face it alone. When a baby dies because of a medical mistake during labor or delivery, the family has the right to seek justice and hold the people responsible accountable.

A lawsuit will not bring your child back, but it can provide financial relief during an incredibly difficult time. If your family is suffering after a birth injury in 2026, a Morris, IL medical malpractice lawyer can help you understand your options and fight for the justice your child deserves.

What Is a Birth Injury and When Does It Become Medical Malpractice?

A birth injury is any harm that happens to a baby during labor, delivery, or right after birth. Not every birth injury is caused by medical malpractice. Some complications happen even when care is excellent. But when a birth injury results from a provider's failure to meet the accepted standard of care, it may be malpractice.

Medical malpractice happens when a doctor, nurse, or other provider does something a competent provider would not have done, or fails to do something they should have done, and that failure causes harm. In birth injury cases, that harm can be devastating and sometimes fatal.

What Types of Medical Errors Can Lead to a Fatal Birth Injury?

Many different types of errors can cause or contribute to a birth injury that results in a child's death. Knowing what went wrong is one of the first steps in building a case.

Common errors that lead to fatal birth injuries include:

• Failure to monitor fetal distress during labor and respond in time
• Delayed decision to perform an emergency C-section when one was clearly needed
• Improper use of forceps or vacuum extractors during delivery
• Failure to recognize and treat umbilical cord complications
• Medication errors during labor or delivery
• Failure to detect and treat infections during pregnancy or delivery
• Mismanagement of oxygen deprivation during birth
• Failure to properly monitor and treat serious conditions like preeclampsia

Each of these errors can deprive a baby of oxygen, cause physical trauma, or trigger complications that prove fatal. When a provider's failure falls below the accepted standard of care, the family may have grounds for a malpractice claim.

What Is the Standard of Care in a Birth Injury Malpractice Case?

The standard of care is the benchmark used to decide whether a healthcare provider acted correctly. It refers to what a reasonably competent provider in the same field would have done under the same circumstances.

In birth injury cases, the standard of care is established through expert medical testimony. Your attorney will work with qualified medical experts who can review the records, identify where the provider went wrong, and explain to the court how that mistake caused the injury.

Under 735 ILCS 5/2-622, before a medical malpractice lawsuit can be filed in Illinois, an attorney must obtain a certificate of merit from a qualified healthcare professional. This person must confirm that there is a reasonable basis to believe malpractice occurred.

Can You Sue for Wrongful Death After a Fatal Birth Injury in Illinois?

When a birth injury results in a child's death, the family may be able to pursue a wrongful death claim as part of the malpractice case. In Illinois, wrongful death claims are governed by the Wrongful Death Act, 740 ILCS 180/1.

Under this law, the personal representative of the child's estate files the claim on behalf of the surviving family members. Damages can include compensation for the grief and mental suffering of the parents, the loss of companionship and society, and funeral and burial expenses.

A survival action may also be available. This allows the estate to recover for any pain and suffering the child experienced before death, as well as medical expenses incurred between the injury and the death.

Schedule a Free Consultation With Our Grundy County, IL Birth Injuries Attorney

Attorney Dave Carlson brings nearly 25 years of legal experience to every case, including time served as both a judge and a prosecutor. That background gives him a unique perspective on how cases are built and won that very few attorneys can offer. He is part of Schwartz Jambois, a large and highly rated personal injury firm with the resources and connections needed to take on even the most complex medical malpractice cases.

Contact the Morris, IL medical malpractice lawyer at Carlson Law Group, P.C. by calling 815-710-3700 today.