A wrongful birth lawsuit in Illinois gives parents the right to pursue compensation when a doctor’s negligence during prenatal testing or genetic counseling prevented them from making informed decisions about a pregnancy. If a condition could have been detected and the medical provider failed to diagnose or disclose it, Illinois law may hold that provider legally responsible. This article explains how wrongful birth claims work, what Illinois courts have said, and when it may be worth speaking with an attorney.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
What Is a Wrongful Birth Claim?
A wrongful birth claim is brought by parents — not by the child — when a healthcare provider’s negligence deprived them of the ability to make an informed reproductive decision. The most common scenarios involve a failure to order appropriate genetic screening, misread test results, or inadequate counseling about the risk of an inheritable condition.
The claim is not that the child’s birth was itself wrong. It is that the parents lost the opportunity to receive accurate information and to decide, based on that information, how to proceed. Illinois courts draw a careful distinction between ordinary birth defect claims — which generally do not support malpractice suits — and negligent prenatal diagnosis claims, which can. To understand where that line falls, see our overview of the birth injury vs birth defect distinction under Illinois law.
Illinois Supreme Court Recognition: Siemieniec v. Lutheran General
The Illinois Supreme Court recognized wrongful birth as a valid cause of action in Siemieniec v. Lutheran General Health Care System, 117 Ill. 2d 230 (1987). In that case, the parents alleged that a genetic counselor failed to properly advise them of the risk that their child would inherit hemophilia. The court held that parents have a legally cognizable claim when a provider’s negligence in prenatal testing or genetic counseling denied them information they needed to make an informed choice.
The Siemieniec decision established the foundational framework: a duty exists, a breach of that duty through negligent diagnosis or counseling can cause cognizable harm to the parents, and that harm supports a damages claim. The ruling placed Illinois among the majority of states that recognize this cause of action.
What Damages Are Recoverable: Clark v. Children’s Memorial Hospital
The scope of recoverable damages was addressed by the Illinois Supreme Court in Clark v. Children’s Memorial Hospital, 2011 IL 108656. The court confirmed that parents may recover the extraordinary medical, educational, and care expenses associated with raising a child with the undiagnosed condition — meaning the costs that exceed what ordinary child-rearing would have cost. Emotional distress damages are also recognized under Illinois law in this context.
What is generally not recoverable is the ordinary cost of raising the child. The wrongful birth framework compensates parents for the additional financial burden tied directly to the condition that was negligently missed, not for parenthood itself.
Statute of Limitations Under 735 ILCS 5/13-212
Wrongful birth claims in Illinois are medical malpractice actions and are governed by the limitations period in 735 ILCS 5/13-212. In most cases, a claim must be filed within two years of the date the parents knew or reasonably should have known of the injury and its possible connection to medical negligence. An absolute four-year repose period applies from the date of the alleged negligent act, with limited exceptions.
Because the clock typically begins running at or near the time of birth — or when parents first receive a diagnosis that reveals a missed prenatal finding — delay in consulting an attorney can close the window to file. If you believe a prenatal condition was negligently missed, speaking with a lawyer promptly is important.
What You Must Prove
To succeed in a wrongful birth lawsuit in Illinois, the parents generally must establish four elements. First, the healthcare provider owed a duty of care in the context of prenatal testing or genetic counseling. Second, the provider breached that duty — for example, by failing to order an indicated test, misreading results, or failing to communicate known risks. Third, that breach caused the parents to not receive information they would have acted upon. Fourth, the parents suffered compensable damages as a result.
Expert testimony from qualified medical professionals is required in Illinois medical malpractice cases. Establishing what the standard of care required, and how the provider deviated from it, typically involves obstetricians, maternal-fetal medicine specialists, or genetic counselors depending on the facts of the case.
To learn more about whether you can file a birth injury lawsuit in Illinois, review our detailed overview: Can I Sue For A Birth Injury.
Talk to a Chicago Attorney — Free Consultation
Wrongful birth cases are factually complex and emotionally difficult. Phillips Law Offices handles birth injury and medical malpractice claims throughout the Chicago area. If you believe a prenatal diagnosis failure affected your family’s ability to make informed decisions, our attorneys can review your situation at no cost. Call (312) 346-4262 or visit our contact page to schedule a free consultation. Attorney review is recommended before taking any legal steps.