Neonatal Negligence Medical Malpractice in Chicago

When a newborn suffers a preventable injury due to a medical provider’s failure to meet the standard of care, the family faces something no parent should ever have to face. Neonatal negligence is a specific form of medical malpractice that occurs when doctors, nurses, or hospital staff fail to properly care for a newborn in the hours and days following birth, causing injuries that can last a lifetime. At Briskman Briskman & Greenberg, a Chicago personal injury lawyer at our firm understands what is at stake for your family and is ready to help you pursue the accountability your child deserves.

Table of Contents

• What Neonatal Negligence Medical Malpractice Actually Means in Chicago
• Common Types of Neonatal Negligence That Lead to Malpractice Claims
• Illinois Laws That Govern Neonatal Negligence Claims
• What Compensation Can a Neonatal Negligence Claim Recover in Illinois
• How Briskman Briskman & Greenberg Approaches Neonatal Negligence Cases in Chicago
• FAQs About Neonatal Negligence Medical Malpractice in Chicago

What Neonatal Negligence Medical Malpractice Actually Means in Chicago

Neonatal negligence refers to substandard medical care given to a newborn, typically from birth through the first 28 days of life. This is the neonatal period, and it is one of the most medically vulnerable windows a human being will ever experience. When a hospital, neonatologist, obstetrician, or NICU nurse fails to meet accepted medical standards during this time, and that failure causes harm, it may constitute medical malpractice under Illinois law.

Illinois law requires that medical providers meet a recognized standard of care. Under 735 ILCS 5/2-622, any medical malpractice lawsuit filed in Illinois must be supported by a written report from a qualified health professional confirming that there is a reasonable basis to believe negligence occurred. In neonatal cases, that reviewer is typically a board-certified neonatologist or a similarly credentialed specialist who can assess whether the care given fell below what a competent provider would have done under the same circumstances.

Chicago is home to major medical centers, including those near Millennium Park, along the Near North Side, and throughout the Medical District on the Near West Side. These hospitals handle thousands of births each year. Even in well-resourced facilities, errors happen. A failure to recognize fetal distress, a delayed response to oxygen deprivation, or a missed infection in a newborn can have permanent consequences. These are not minor oversights. They are the kinds of errors that form the basis of a valid legal claim.

To succeed in a neonatal negligence case in Illinois, a family must prove four elements: that the provider owed a duty of care to the newborn, that the provider breached that duty, that the breach directly caused the injury, and that measurable damages resulted. Each element requires evidence, and the strongest cases are built early, before medical records become harder to obtain and memories fade.

Common Types of Neonatal Negligence That Lead to Malpractice Claims

Neonatal negligence takes many forms, and understanding the most common ones helps families recognize whether what happened to their child may constitute actionable malpractice. The injuries involved are often severe, and many require lifelong care and support.

One of the most serious forms of neonatal negligence is a failure to identify and treat birth asphyxia, which occurs when a newborn’s brain is deprived of oxygen. Closely related is hypoxic ischemic encephalopathy, a type of neonatal brain injury caused by oxygen deprivation that can result in cerebral palsy, intellectual disabilities, and seizure disorders. When medical staff fail to act quickly on signs of fetal distress or delay an emergency cesarean section, the risk of these outcomes rises sharply.

Other common forms of neonatal negligence include the following:

• Failure to diagnose and treat neonatal infections, including group B streptococcus (GBS) and sepsis, which can become fatal within hours
• Improper use of forceps or vacuum extractors during delivery, causing skull fractures, nerve damage, or intracranial bleeding
• Failure to monitor vital signs in the NICU, allowing a deteriorating condition to go undetected
• Medication errors involving incorrect drug dosages given to a newborn
• Failure to refer a compromised newborn to a neonatologist or a higher-level NICU in a timely manner
• Errors in managing jaundice, including failure to treat severe hyperbilirubinemia before it causes brain damage (kernicterus)

Shoulder dystocia during delivery, umbilical cord complications, and maternal hemorrhage that deprives the newborn of adequate blood flow are also situations where provider errors can cross the line into negligence. Each of these scenarios involves a medical team that had a duty to act and failed to do so within the window that could have protected the child from harm.

A qualified medical malpractice lawyer can review your child’s birth records, NICU notes, and fetal monitoring strips to determine whether the care provided fell below the accepted standard. That review is the foundation of every viable neonatal negligence claim.

Illinois Laws That Govern Neonatal Negligence Claims

Several Illinois statutes directly shape how neonatal negligence cases are filed, pursued, and resolved. Knowing these laws gives families a clearer picture of what the legal process involves and what rights they hold.

The primary deadline for filing a medical malpractice claim in Illinois is set by 735 ILCS 5/13-212. For adult claims, the law requires filing within two years of when the injured party knew or reasonably should have known that negligence caused the harm, with an absolute outer limit of four years from the date of the negligent act. However, when the injured party is a minor, the rules are different. Under 735 ILCS 5/13-212(b), when the person entitled to bring the action was under age 18 when the cause of action accrued, the claim generally may not be brought more than eight years after the act or omission that caused the injury or death. The statute also says that, in no event, may the action be brought after the person’s 22nd birthday. This extended window exists because the full effects of neonatal injuries are not always apparent at birth.

Illinois also governs how liability is shared when multiple providers are at fault. Under the Illinois Code of Civil Procedure, 735 ILCS 5/2-1117, all defendants found liable are jointly and severally responsible for a plaintiff’s past and future medical expenses. Any defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. This matters in neonatal cases, where negligence may involve a hospital, a delivering physician, a NICU team, and nursing staff all at once.

Regarding attorney fees, 735 ILCS 5/2-1114 limits contingency fees in medical malpractice actions to no more than 33 and one-third percent of all sums recovered. This means families can pursue justice without paying anything upfront, and the attorney’s fee comes only from a recovery.

If a neonatal injury results in the death of a newborn, the family may also have a claim under the Illinois Wrongful Death Act, 740 ILCS 180/2.2, which expressly states that the stage of development of a human being at the time of injury or death does not foreclose a cause of action arising from wrongful act or neglect. Illinois does not currently cap non-economic damages in medical malpractice cases, following the Illinois Supreme Court’s decision in Lebron v. Gottlieb Memorial Hospital, which struck down the prior damages cap as unconstitutional.

What Compensation Can a Neonatal Negligence Claim Recover in Illinois

The financial impact of neonatal negligence can be staggering. A child born with cerebral palsy, a permanent brain injury, or severe nerve damage due to provider error will likely require decades of specialized care, therapy, adaptive equipment, and educational support. Illinois law allows families to pursue compensation that reflects the true scope of these losses.

Recoverable damages in a neonatal negligence case typically fall into two categories: economic and non-economic. Economic damages are the measurable financial losses. These include past and future medical expenses, costs of long-term care and rehabilitation, specialized educational needs, lost earning capacity for the child as they reach adulthood, and any out-of-pocket costs the family has incurred because of the injury.

Non-economic damages cover the harms that do not come with a price tag but are no less real. These include the child’s pain and suffering, the loss of a normal life, emotional distress, and, where applicable, the parents’ loss of consortium. Because Illinois does not cap non-economic damages in medical malpractice cases, juries can award amounts that reflect the full human cost of the injury.

In wrongful death cases involving a newborn who did not survive due to neonatal negligence, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows surviving family members to recover damages for grief, sorrow, and the loss of the child’s society. These claims are handled separately from the medical malpractice claim itself but are often filed together.

An experienced medical malpractice attorney works with life care planners, pediatric specialists, and economic experts to build a damages model that accounts for everything your child will need from now through adulthood. This is not a process that should be handled without legal representation, particularly when the opposing side is a large hospital system with its own legal defense team.

How Briskman Briskman & Greenberg Approaches Neonatal Negligence Cases in Chicago

Neonatal negligence cases are among the most document-intensive and medically complex claims in all of personal injury law. They require a thorough review of prenatal records, labor and delivery notes, fetal monitoring strips, NICU charts, nursing assessments, and imaging results. They also require expert testimony from qualified neonatologists and other specialists who can explain to a jury exactly where the care went wrong and what should have been done differently.

At Briskman Briskman & Greenberg, located at 205 W Randolph St., Suite 925, Chicago, IL 60606, our team takes these cases seriously from the first call. We know that families dealing with a child’s serious injury are already overwhelmed. Our job is to handle the legal side so you can focus on your child. We gather the medical records, retain the right experts, and build the case that gives your family the best possible chance at fair compensation.

Chicago families whose children were born at hospitals in the Loop, Lincoln Park, Wicker Park, Lakeview, or anywhere in Cook County have access to the Circuit Court of Cook County, which handles medical malpractice cases of this nature. Our team knows how these courts operate and how to present neonatal negligence claims effectively to judges and juries in this jurisdiction.

We handle neonatal negligence cases on a contingency fee basis, meaning you pay no attorney fees unless we recover for your family. Under 735 ILCS 5/2-1114, contingency fees in medical malpractice cases are capped at 33 and one-third percent of the total recovery, so you always know what to expect. There is no financial risk in calling us to discuss what happened to your child.

If you suspect that your newborn was harmed due to a provider’s failure to meet the standard of care, do not wait. Medical records can be lost or altered, and the legal deadlines under Illinois law are firm. Contact Briskman Briskman & Greenberg at (312) 222-0010 to speak with a medical malpractice lawyer about your family’s situation. You can also reach a medical malpractice attorney at our firm who can evaluate your case and explain your options at no cost to you.

FAQs About Neonatal Negligence Medical Malpractice in Chicago

How do I know if my newborn’s injury was caused by medical negligence or just a natural complication?

Not every difficult birth or neonatal health problem is the result of negligence. Some complications occur despite proper care. The key question is whether the medical team met the accepted standard of care given the circumstances. If a provider failed to respond to warning signs, delayed a necessary intervention, or made an error that a competent provider would not have made, that may constitute negligence. The only reliable way to know is to have your child’s medical records reviewed by a qualified neonatologist or other specialist. Briskman Briskman & Greenberg can help coordinate that review. Call (312) 222-0010 to get started.

How long does a family have to file a neonatal negligence lawsuit in Illinois?

Under 735 ILCS 5/13-212(b), a medical malpractice claim on behalf of a minor child must generally be filed within eight years of the negligent act, but no later than the child’s 22nd birthday. The clock typically starts from the date of the negligent act, which is usually around the time of birth, not the date of diagnosis. Even though this window is longer than the standard two-year adult deadline, families should act quickly. Evidence is easier to preserve early, and expert review takes time. Do not assume you have years to spare before taking action.

Can both the hospital and the individual doctor be held responsible for neonatal negligence?

Yes. In many neonatal negligence cases, more than one party bears responsibility. The delivering obstetrician, the NICU team, the nursing staff, and the hospital itself may all have contributed to the harm. Under 735 ILCS 5/2-1117, defendants found liable are jointly and severally responsible for the newborn’s past and future medical expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This means that even if one defendant has limited resources, others can be held responsible for the full amount of the medical damages.

What if my newborn died as a result of neonatal negligence? Can my family still file a claim?

Yes. If your newborn died due to a provider’s negligence, your family may have a claim under the Illinois Wrongful Death Act, 740 ILCS 180/2.2. This law expressly states that the stage of development of a human being at the time of injury or death does not prevent a wrongful death lawsuit from being filed. Surviving parents can pursue damages for grief, sorrow, and the loss of the child’s companionship. A separate medical malpractice claim may also be available for the pain and suffering the newborn experienced before death. These claims are often filed together and require prompt action given the applicable deadlines.

Does it cost anything to speak with Briskman Briskman & Greenberg about a neonatal negligence case?

No. Briskman Briskman & Greenberg offers free consultations for neonatal negligence and medical malpractice cases. The firm handles these cases on a contingency fee basis, which means you pay no attorney fees unless the firm recovers compensation for your family. Under 735 ILCS 5/2-1114, contingency fees in Illinois medical malpractice cases are capped at 33 and one-third percent of the total recovery. There is no financial barrier to getting legal help. Call (312) 222-0010 or visit the firm at 205 W Randolph St., Suite 925, Chicago, IL 60606 to schedule your free consultation.

More Resources About Pediatric Medical Malpractice in Chicago

• Pediatric Medical Malpractice in Chicago
• Failure to Diagnose Pediatric Illnesses Medical Malpractice in Chicago
• Medication Errors in Children Medical Malpractice in Chicago
• Pediatric Emergency Room Negligence Medical Malpractice in Chicago
• Delayed Diagnosis of Pediatric Sepsis Medical Malpractice in Chicago
• Failure to Recognize Child Abuse Medical Malpractice in Chicago