There is no pain or loss greater than the death of a child. Any parent can tell you that a child’s age or the circumstances of their death matters little compared to the value of his or her life. Money can never replace that value, but it can help deal with recovery and help convince health care facilities to prevent future losses.
The woman is suing a Maryville hospital and the health care system that operates it after her baby died nine days after being born there. She is using her right as the personal representative of a deceased person to file a claim under the Illinois Survival Act and the connected Wrongful Death Act.
Her lawsuit claims that the hospital’s staff was negligent and careless when they failed to diagnose and act on a uterine rupture, which may have led to the infant’s death by catastrophic brain injury. The liability is related to the staff’s failure to contact a physician in time to prevent complications.
The claim covers the actual costs of the baby’s passing, including medical and funeral expenses, as well as damages for the family’s loss of love and companionship. The Survival Act also allows the mother to make a financial claim based on the child’s pain and suffering during her life.
These issues are always emotional and painful, and it is almost vital that people should not try to deal with them alone. Legal counsel can be a very important ally to parents and other relatives who feel compelled to make a claim after a child experiences serious injuries at birth.