Losing a Child to Malpractice: Your Resources and Options

Losing a child is one of the most traumatic things that can happen to a family, and it is significantly complicated if someone else’s negligence caused the injuries or disabilities that ultimately took your child’s life. Not only is there a severe emotional toll, but there are also legal considerations, including a civil lawsuit to cover medical and burial costs. 

This article will outline some of the resources you can access in Chicago to help you and your family through this grief, ensuring that your loved one’s life is honored and those responsible are held accountable.

Consult With a Personal Injury Attorney

When birth injuries, missed diagnoses, or inadequate care result in a child’s death or severe disability, this is known as medical malpractice. The doctor failed to meet the standard of care required by their oath to do no harm, and they can be held liable. 

A Chicago cerebral palsy malpractice case is not about blaming the physician or finding them criminally liable. Instead, the goal is to secure compensation from the hospital’s insurance company.

While no amount of money can ease your pain, you may be left with significant bills after a child passes away, and these should be compensated for so that you can focus on healing, not finances. A settlement can cover things like medical bills, time off work, and funeral and burial expenses. It can also include non-economic damages, like grief, which are meant to acknowledge the tremendous pain and anger you feel after a doctor failed to help your child. 

Personal injury attorneys deeply understand the grieving process and are trained to gather information in a compassionate, respectful way. They will handle tasks like gathering medical records, filing paperwork, and speaking with the physician and hospital on your behalf so that you can prioritize spending time with your loved ones. 

Work With a Social Worker

It can feel impossible to handle all the necessities of death, especially if your child was already medically fragile due to a birth injury or surgical error. After spending weeks, months, or years navigating the medical system, it may feel like you have nothing left to give once your child is gone. You and your family aren’t alone in this; there are professionals available to guide you through each step of the process. 

Social workers play an essential role in the end-of-life and grief system, helping families handle both the emotional and practical aspects of losing a child. They can assist with finding financial resources, connect you with support groups, and explain the legal paperwork required. 

Another crucial element of a social worker is helping you establish a sense of self that might be buried under your pain. They may workshop self-care activities that meet your needs or encourage you to reconnect with old passions that can provide a sense of purpose while you mourn your child. Because they’ve helped many others coping with similar losses, they’re familiar with what types of routines can bring calm without dismissing the severity of your grief. 

You can contact the City of Chicago Department of Family and Support Services or visit one of their support locations to discuss your needs.

Get in Touch With Bereavement Support Groups

Child loss is a particular kind of pain that not everyone can relate to or understand. Other parents who have not lost a child may not know how to sit with you in your grief, and others may offer comments that mean well but only hurt worse. This is why it is so crucial to find a local support group of others who know how you feel as you process your anger, guilt, or helplessness.

Heartlines at Lurie Children’s Hospital is the most well-known child bereavement support group in Chicago and is open to the community. This group meets twice a month, once virtually and once in person; there is also a separate children’s group where child specialists help younger group members explore their feelings.

Consult a Somatic Therapist

While conventional talk therapy can be helpful for some types of pain, grief often becomes trapped in the body. This is especially true for child loss, because so much of the parent-child relationship at a young age is purely physical. Grief can also manifest as physical symptoms like pain, fatigue, tightness, shortness of breath, or tension that you may dismiss as simply being stressed or tired. 

You might find that you continually try to rationalize your pain, or absorb the thoughts of others, such as “the doctors did their best” or “it wasn’t anyone’s fault.” On the other hand, you may find your anger is so strong that you can’t find an outlet for it even through words. 

Somatic therapy recognizes the mind-body connection and works to release the grief through physical movement or touch. There is a range of modalities, including somatic experiencing, movement therapy, and somatic massage. 

Certain clinics in Chicago, like Somatic Psychotherapy Chicago, specialize in these treatments, or you can find a specific provider by searching for listings at Psychology Today.

Malpractice, especially when it involves a child’s passing, results in a deep, unique type of pain that deserves to be honored. Just as your child’s life is important, so is your grief. By leaning on professional support, you can carry your loved one’s memory forward while ensuring those responsible are held accountable.