Pediatric Medical Malpractice Lawyer
When a child suffers harm because of substandard medical care, it’s not just a mistake. It’s a breach of trust that can change a family’s future forever.
At Ankin Law, our pediatric medical malpractice lawyers understand that nothing is more important than your child’s health, safety, and future. That’s why we approach every pediatric malpractice case with care, urgency, and relentless determination.
If your child was injured during delivery, misdiagnosed by a pediatrician, or harmed by a medication error, you shouldn’t be left to pick up the pieces. With over a century of combined experience in medical malpractice, our attorneys know what it takes to prove pediatric negligence, push back against corporate medicine, and fight for the justice your family is owed.
You’re not just seeking compensation. You’re demanding accountability. We’re here to help you get both.
Call (312) 600-0000 today for a free consultation with a pediatric medical malpractice lawyer in Chicago.
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What Is Considered Pediatric Medical Malpractice?
Pediatric medical malpractice occurs when a doctor, nurse, or healthcare provider fails to meet the standard of care when treating a child or infant—and that failure causes injury, illness, or death.
Unlike adult medical care, pediatric treatment often involves subtle symptoms, fast-changing conditions, and special considerations based on a child’s age and developmental stage. When providers miss red flags, delay treatment, or fail to properly communicate with parents, the results can be catastrophic.
Common types of pediatric malpractice include:
- Failure to diagnose or delayed diagnosis
- Birth injuries and delivery complications
- Medication errors
- Surgical mistakes in infants and children
- Failure to monitor vital signs
- Negligent neonatal or NICU care
- Failure to obtain informed consent from guardians
- Discharge before stabilization
When a child’s injuries are caused by preventable medical errors, families may be entitled to compensation under Illinois medical malpractice laws.
Call (312) 600-0000 to find out if you have a case.
How Pediatric Malpractice Differs From Adult Cases
Medical malpractice claims involving children often present unique legal, medical, and emotional challenges:
1. Different Standards of Care
Children aren’t just small adults. Pediatricians must follow age-specific guidelines for diagnostics, dosing, and monitoring. Failure to do so can be fatal.
2. Communication Issues
Young children can’t articulate their symptoms or pain clearly, leaving them more vulnerable to misdiagnosis. Providers must take extra care to assess verbal and non-verbal cues.
3. Long-Term Harm
Because a child is still developing, a mistake can affect cognitive, physical, and emotional growth for life. This increases the value—and complexity—of the damages calculation.
4. Legal Timelines
Illinois has special rules for minors when it comes to filing medical malpractice lawsuits.
Center:
Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Common Pediatric Malpractice Cases We Handle
At Ankin Law, we’ve represented families across Chicago, Cook County, and throughout Illinois in a wide range of pediatric malpractice claims. The most common types include:
Birth Injuries
Errors during pregnancy, labor, or delivery can lead to permanent injuries such as:
- Cerebral palsy
- Erb’s palsy
- Brachial plexus injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Skull fractures or brain bleeding
These injuries often result from improper use of forceps or vacuum devices, failure to perform a timely C-section, or inadequate fetal monitoring.
Failure to Diagnose
Misdiagnosis or delayed diagnosis in children can lead to rapid deterioration. Conditions commonly missed or misdiagnosed include:
- Meningitis
- Appendicitis
- Pneumonia
- Cancer
- Congenital heart defects
- Diabetes or DKA (diabetic ketoacidosis)
Even a few hours’ delay can mean the difference between recovery and irreversible damage.
Medication Errors
Children are more sensitive to drug dosages. We’ve seen tragic outcomes from:
- Overdosing or underdosing
- Administering the wrong drug
- Failing to check for allergies
- Mixing medications with dangerous interactions
These medication errors can cause brain damage, seizures, organ failure, or death.
Surgical Errors
When pediatric surgeons make mistakes, the results are often life-threatening. Common surgical malpractice issues include:
- Operating on the wrong body part
- Retained surgical instruments
- Anesthesia errors
- Post-operative infection due to negligence
NICU and Neonatal Negligence
Premature and high-risk infants require expert care. In the NICU, even slight oversights—like improper intubation or failure to monitor oxygen levels—can result in serious injury or death.
Do You Have a Pediatric Malpractice Case?
To pursue a pediatric malpractice claim, your lawyer must prove:
- A provider-patient relationship existed.
- The healthcare provider acted negligently or failed to meet the standard of care.
- That negligence directly caused injury to your child.
- Your child (and family) suffered damages as a result.
Medical records, expert testimony, and documentation of the child’s injuries and development will play a central role in your case.
At Ankin Law, we partner with pediatricians, neonatologists, and child development experts to build strong, evidence-based pediatric malpractice claims.
How Long Do You Have to File a Pediatric Malpractice Lawsuit in Illinois?
Under Illinois law, minors are granted additional time to file a medical malpractice lawsuit. Generally, you must file:
- Within 8 years of the date the malpractice occurred, and
- No later than the child’s 22nd birthday
If the malpractice results in death, however, the statute of limitations may be shorter under the Illinois Wrongful Death Act. It’s essential to speak with an attorney promptly to preserve evidence and protect your right to compensation.
What Compensation Can You Recover in a Pediatric Malpractice Claim?
Because children often live with the consequences of malpractice for decades, damage awards in these cases can be substantial. Depending on the circumstances, your family may recover compensation for:
- Medical expenses (past and future)
- Therapy, rehabilitation, and assistive devices
- Home modifications or mobility equipment
- Pain and suffering
- Emotional distress
- Loss of normal childhood development
- Permanent disability or disfigurement
- Loss of earning capacity
- Wrongful death (in fatal cases)
Illinois does not impose a cap on damages in medical malpractice cases, which means juries and judges can award compensation based on the true extent of your child’s injuries.
Why Choose Ankin Law for Your Child’s Malpractice Case?
Pediatric malpractice cases are not just legal matters. They’re deeply personal. At Ankin Law, we treat them that way.
We’ve recovered hundreds of millions in settlements and verdicts for injury victims in Illinois.
We handle complex, high-stakes claims involving hospitals, doctors, and major insurers.
We understand the emotional toll pediatric injury takes—and we help carry that burden.
You don’t pay unless we win your case.
When your child is hurt, nothing else matters. Our law firm will stand by your side from start to finish—investigating, advocating, and fighting for the compensation your family deserves.
That’s Injury Law Made Personal. That’s Ankin Law.
What to Do if You Suspect Pediatric Malpractice
If you believe a doctor or hospital’s mistake harmed your child, take these steps immediately:
- Get a second medical opinion to ensure proper care going forward.
- Request all medical records related to the incident.
- Document everything—your child’s symptoms, treatments, timelines, and changes in behavior or development.
- Avoid direct communication with hospital lawyers or insurers.
- Contact the pediatric medical malpractice attorneys at Ankin Law for a free consultation and case review.
Frequently Asked Questions About Pediatric Medical Malpractice
How do I know if my child’s injury was caused by malpractice?
Not every bad outcome is due to negligence. However, if the care your child received fell below accepted medical standards, and that care caused harm, you may have a valid claim.
Can I file a malpractice claim on behalf of my child?
Yes. In Illinois, parents or legal guardians can file a malpractice claim on a child’s behalf. Any settlement or award will typically be held in trust for the child’s benefit.
How long do pediatric malpractice lawsuits take?
These cases are often complex and may take 12 to 24 months or longer, especially if they go to trial. At Ankin Law, we keep your family informed every step of the way.
What if my child dies due to a medical error?
You may be able to file a wrongful death lawsuit. Illinois law allows parents to recover damages for funeral expenses, loss of companionship, and more.
Speak With a Chicago Pediatric Medical Malpractice Lawyer
Medical professionals are supposed to protect our children—not harm them.
If your child suffered a preventable injury due to negligent care, don’t wait. Our experienced pediatric malpractice attorneys are ready to help your family get answers, justice, and maximum compensation.
call (312) 600-0000 to schedule your free, no-obligation consultation with Ankin Law today.