Can You Sue When Your Baby Dies in Childbirth?

 Posted on February 25, 2026 in Personal Injury

In some situations, parents can file a medical malpractice and wrongful death lawsuit if a baby dies during childbirth because of a preventable medical error. Doctors, nurses, and hospitals must follow accepted safety standards during labor and delivery. Birth injuries account for 20 percent of the 20,000 infant deaths in the United States each year, showing how serious complications during childbirth can be.

If your family experienced this loss in 2026, our Chicago medical malpractice lawyers can help you understand your legal rights and determine whether medical negligence played a role.

When Does a Baby’s Death During Childbirth Count as Medical Malpractice?

Not every childbirth complication is malpractice. However, you may have a claim if a medical provider failed to follow proper medical standards and that failure caused your baby’s death.

Medical malpractice happens when a doctor, nurse, or hospital acts carelessly or fails to act when they should have. During childbirth, medical providers must watch the baby closely and respond quickly to problems.

Examples of negligence that may lead to a malpractice claim include:

• Failing to recognize signs of fetal distress
• Waiting too long to perform an emergency C-section
• Improper use of delivery tools like forceps or vacuum devices
• Failing to monitor the baby’s oxygen levels or heart rate

If a medical mistake caused or contributed to the death, parents may have the right to file a lawsuit.

What Laws Allow Parents To Sue for Wrongful Death in Illinois?

Illinois law allows parents to seek compensation when negligence causes a child’s death. These cases are usually filed under wrongful death and survival laws.

Under the Illinois Wrongful Death Act, families may recover compensation when a death is caused by negligence or medical malpractice. This includes compensation for emotional loss and loss of the child’s companionship. The Illinois Survival Act may also allow recovery for harm the child suffered before death, such as pain or medical complications.

These laws help ensure that negligent medical providers can be held responsible.

Who Can Be Held Responsible for a Baby’s Death During Childbirth in Illinois?

More than one medical provider or organization may be responsible. Liability depends on who made the mistake or failed to provide proper care.

Responsible parties may include:

• Doctors involved in the delivery
• Nurses or hospital staff who were monitoring the labor
• Hospitals or medical facilities
• Medical groups that employ the providers

Hospitals may also be responsible if they failed to properly train staff or follow safety procedures. Identifying the responsible party is important for holding them accountable.

What Compensation Can Parents Recover After a Birth Injury Wrongful Death?

Illinois law allows parents to recover compensation for both financial losses and emotional harm. These damages are meant to help families cope with the loss.

Compensation may include medical expenses, funeral costs, and emotional suffering. Parents may also recover compensation for the loss of their child’s companionship and the impact on their lives.

How Do You Prove Medical Negligence Caused Your Baby’s Death?

Evidence in a wrongful death case involving birth injury often includes medical records, fetal monitoring results, delivery notes, and expert medical opinions. Medical experts review the care provided and determine whether mistakes occurred.

Why Should You Contact a Medical Malpractice Lawyer as Soon as Possible?

Medical providers and insurers may start evaluating the situation soon after an incident occurs. They often focus on limiting their responsibility and protecting their interests.

An attorney can examine the details of what happened. They review your medical records and work with qualified professionals to understand whether proper care was given. This process helps clarify your legal options and ensures your concerns are taken seriously.

Getting legal support early can help preserve important information. It gives you a clearer path toward answers and accountability.

Schedule a Free Consultation With Our Chicago, IL Birth Injury Attorneys

If your baby died during childbirth, you may have the right to pursue compensation and hold negligent medical providers accountable. At Tomasik Kotin Kasserman, LLC, we fight for families harmed by medical negligence. Our firm has recovered hundreds of millions of dollars in verdicts and settlements, and we bring more than 150 years of combined experience. We are accomplished, aggressive, and dedicated to going the extra mile for our clients.

Call 312-605-8800 to schedule a free consultation with our Chicago medical malpractice lawyers and learn how we can help you today. Hablamos Español.