Postpartum Malpractice Lawyer Chicago

Postpartum malpractice is medical negligence that occurs after childbirth. It includes failures during the hospital stay following delivery, errors at postpartum follow-up appointments, and missed or delayed diagnoses when a mother returns to the emergency room with complications.

It is a distinct and serious category of medical malpractice that focuses on the mother’s care, not the newborn’s.

The postpartum period is generally defined as the first six weeks after delivery. Illinois law recognizes that negligence during this period can cause catastrophic harm, including emergency surgery, permanent injury, and in the most tragic cases, maternal death.

How Common is Postpartum Malpractice in Illinois?

 

More common than most people know.

According to the Illinois Department of Public Health, an average of 88 women died annually while pregnant or within one year of delivery between 2018 and 2020. A significant majority of those deaths occurred after childbirth. Studies show that 78% of pregnancy-related deaths in Illinois happened postpartum, with many occurring weeks after discharge.

The maternal mortality rate in the United States stands at 26.4 deaths per 100,000 births. That is higher than any other developed country. Many of those deaths were preventable.

Behind the fatal cases are thousands more involving serious injury. Women who required emergency surgery, developed sepsis, suffered internal complications from C-sections, or experienced prolonged recoveries due to delayed treatment. Women whose providers dismissed their pain as normal postpartum discomfort when it was anything but.

Not every bad outcome is malpractice. But when a provider fails to meet the standard of care and a patient suffers as a result, Illinois law provides a path to accountability.

Common Types of Postpartum Malpractice in Chicago

 

Failure to Diagnose Post-Surgical Complications

 

C-sections carry real surgical risks. Internal bleeding, organ damage, fascial injuries, and bowel complications can all occur. Persistent and severe abdominal or back pain after a C-section is not automatically normal. It requires investigation.

When a patient reports that kind of pain repeatedly during her hospital stay or at a follow-up appointment, and providers dismiss it without ordering imaging or testing, internal complications can go undetected until they become critical.

A CT scan ordered on day two could prevent a life-flight transfer on day ten.

Premature Hospital Discharge

 

Sending a patient home too soon is a recognized form of medical negligence.

A postpartum mother who is discharged while still showing signs of infection, unresolved pain, or surgical complications may not have been medically stable enough to leave. When that patient returns to the emergency room days later in septic crisis or in need of emergency surgery, the question becomes whether she should have been discharged at all.

Illinois law allows patients to pursue claims against both the treating physician and the hospital when premature discharge leads to foreseeable harm.

Failure to Prescribe Antibiotics After Wound Complications

 

Postpartum wound infections require prompt, appropriate treatment. This is not complicated medicine. It is basic standard of care.

When a provider identifies that a C-section incision is opening, showing signs of infection, or leaking, the correct response is antibiotics and close monitoring, not iodine and a follow-up in a week.

A provider who recognizes a wound complication and still sends the patient home without antibiotics has departed from accepted care. If that patient develops a serious infection as a result, that departure may be malpractice.

Failure to Screen for and Treat Sepsis

 

Sepsis is a known and serious risk following childbirth, particularly after C-sections, wound complications, or retained surgical materials. Healthcare providers are trained to recognize the warning signs.

When a postpartum patient presents with persistent pain, vomiting, fever, rapid heart rate, or signs of infection, she should be screened for sepsis immediately. Every hour matters. Delayed diagnosis and delayed treatment of sepsis can cause organ failure, permanent disability, and death.

A provider who ignores these warning signs, or sends the patient home without screening, may be liable for the consequences.

Failure to Order Diagnostic Imaging

 

Severe and persistent postpartum symptoms often require imaging to identify what is happening internally. A CT scan, MRI, or ultrasound can reveal complications that a physical examination cannot.

Choosing not to order that imaging, when the patient’s symptoms clearly call for it, and instead discharging the patient, is a clinical failure. It has caused preventable deaths and emergency surgeries that should never have happened.

Surgical Negligence During C-Section

 

Some postpartum complications originate in the operating room.

Damage to the bowel, intestines, bladder, or other surrounding structures can occur during a C-section. When that damage results from improper surgical technique, it is not just a complication. It is surgical negligence. The postpartum suffering that follows, the pain, the emergency intervention, the recovery, traces directly back to what happened during the procedure.

Failure to Monitor Vital Signs Postpartum

 

Adequate monitoring during the postpartum hospital stay is part of the standard of care. A patient’s blood pressure, temperature, heart rate, and wound site should be checked regularly. When monitoring is inadequate and a developing complication goes unnoticed as a result, the hospital and nursing staff may share liability for the harm that follows.

Postpartum Hemorrhage

 

Excessive bleeding after delivery requires immediate medical response. Postpartum hemorrhage is a leading cause of maternal death, and it is one that providers are specifically trained to identify and treat quickly.

When a patient bleeds excessively and the medical team fails to act, or acts too slowly, that delay can be fatal. Claims involving postpartum hemorrhage often implicate the delivering physician, attending nurses, and the hospital itself.

Preeclampsia and Eclampsia Missed After Delivery

 

Preeclampsia, dangerously high blood pressure during or after pregnancy, does not always resolve at delivery. It can develop or worsen in the days following childbirth. Symptoms include severe headache, visual disturbances, swelling, and elevated blood pressure.

A postpartum provider who does not monitor for or respond to these symptoms puts the patient at serious risk of stroke, seizure, and organ failure. Missed postpartum preeclampsia is a recognized and litigated form of malpractice in Illinois.

Who Can Be Held Liable in a Postpartum Malpractice Case?

 

Multiple parties can carry legal responsibility depending on where the failure occurred.

The delivering OB/GYN or surgeon may be liable for surgical errors or failure to properly manage postpartum care.

The hospital may be liable for inadequate nursing care, premature discharge decisions, or failure to follow sepsis protocols.

The postpartum follow-up physician may be liable for missing or dismissing complications at checkup appointments.

Emergency room staff may be liable for failure to diagnose serious conditions when the patient presents with alarming symptoms.

Nursing staff may be liable for failure to monitor, failure to report worsening symptoms, or improper wound care.

Illinois law allows all liable parties to be named in the same lawsuit. Your attorney will review the full timeline of your care to identify every point where the standard of care was not met.

Warning Signs Your Postpartum Care May Have Been Negligent

 

Not every difficult recovery means malpractice occurred. But certain patterns are worth examining.

You may have a claim if:

• You reported severe stomach or back pain multiple times and were told it was normal
• You were discharged from the hospital without your symptoms being fully addressed
• A provider noticed your incision was opening but did not prescribe antibiotics
• You visited the emergency room and were sent home without testing or imaging
• You later required emergency surgery for a complication that was present at an earlier appointment
• You developed sepsis or a serious infection following childbirth or a C-section
• You were life-flighted or transferred to a higher level of care after earlier providers found nothing wrong

These situations do not guarantee a malpractice claim exists. They do mean the care you received deserves a closer look.

What Compensation Can Postpartum Malpractice Victims Recover in Illinois?

 

Illinois law allows postpartum malpractice victims to pursue both economic and non-economic damages.

Economic damages cover financial losses with a calculable value:

• Emergency surgery and hospitalization costs
• Ongoing medical treatment and rehabilitation
• Future medical care needs
• Lost wages during recovery
• Loss of earning capacity if long-term disability resulted

Non-economic damages cover harm that does not have a fixed dollar amount:

• Physical pain and suffering
• Emotional distress and psychological trauma
• Loss of normal life
• Loss of time with a newborn child during recovery
• Disfigurement or permanent physical effects

Wrongful death damages apply when postpartum negligence results in a mother’s death. Under the Illinois Wrongful Death Act (740 ILCS 180/), surviving family members may pursue compensation for funeral expenses, loss of financial support, and loss of companionship.

Illinois courts have awarded significant verdicts in maternal malpractice cases. A Cook County jury awarded over $14 million in a case involving failure to act on a mother’s symptoms during pregnancy. Post-surgical infection and septic shock cases in Illinois have resulted in verdicts reaching $49.5 million. These figures reflect the seriousness with which Illinois courts treat failures in maternal care.

Illinois Law: Filing Deadlines for Postpartum Malpractice Claims

 

Time limits matter. Missing them can bar your claim entirely.

For mothers filing their own claim: Illinois generally allows two years from the date you discovered, or reasonably should have discovered, the injury. There is also a four-year statute of repose under 735 ILCS 5/13-212, meaning no claim can be filed more than four years after the negligent act, regardless of when you discovered it.

For claims involving a child’s injuries: Illinois gives parents more time. Claims on behalf of a minor child generally must be filed before the child’s eighth birthday, or no later than the child’s 22nd birthday in certain circumstances.

The discovery rule matters: Many postpartum injuries are not immediately obvious. If you did not connect your harm to provider negligence right away, the clock may not have started when you think it did. An attorney can help you determine exactly where you stand.

Do not assume it is too late before speaking with a lawyer. And do not assume you have more time than you do.

Call Phillips Law Offices at (312) 346-4262 as soon as possible.

Frequently Asked Questions: Postpartum Malpractice in Chicago

 

What is the difference between postpartum malpractice and a birth injury?

 

Birth injury claims typically focus on harm to the newborn during labor and delivery. Postpartum malpractice focuses on harm to the mother after delivery, including during her hospital stay, at follow-up appointments, and in emergency care following discharge. Both fall under medical malpractice law, but they involve different standards, different defendants, and different timelines.

How do I know if my postpartum symptoms were dismissed negligently?

 

If you reported significant symptoms to a provider and were sent home without appropriate testing, treatment, or referral, and your condition later required emergency intervention, your care may not have met the accepted standard. A qualified malpractice attorney can review your medical records and give you an honest assessment of whether negligence occurred.

Can I sue if I eventually recovered from my postpartum complications?

 

Yes. Recovery does not eliminate a malpractice claim. If you suffered harm, including emergency surgery, extended hospitalization, pain, or lasting physical effects, because of negligent care, you may be entitled to compensation regardless of your current health.

Can I file a claim if my doctor said the complication was unavoidable?

 

That statement deserves scrutiny. Not all complications are unavoidable. Many postpartum emergencies are the direct result of earlier failures to diagnose, treat, or monitor. An independent medical review of your records can determine whether what happened to you was truly an unavoidable outcome or the result of care that fell below the standard.

Does a healthy baby mean no malpractice occurred?

 

Not necessarily. Your baby’s health and your care are separate matters. Negligence directed at your postpartum treatment can form the basis of a valid malpractice claim even if your child was born healthy and remains healthy.

What if I signed a consent form before surgery?

 

Consent forms cover inherent risks of a procedure. They do not provide immunity for negligence. A patient who consents to a C-section does not consent to surgical errors, inadequate post-operative care, or failure to treat developing complications.

Can I sue both the doctor and the hospital?

 

Yes. If the hospital’s policies, nursing staff, or discharge decisions contributed to your harm, the hospital can be named alongside the treating physician. Illinois law allows multiple defendants in a single malpractice action.

What if I cannot afford a lawyer?

 

Phillips Law Offices handles postpartum malpractice cases on a contingency fee basis. You pay nothing upfront. No fees of any kind unless we win your case. The initial consultation is free and confidential.

Why Choose Phillips Law Offices for Your Postpartum Malpractice Case?

 

Phillips Law Offices has represented injured patients and families in Chicago for more than 65 years. We understand the medical complexity of postpartum malpractice cases. We work with qualified medical experts to evaluate the care you received, identify where the standard was breached, and build a case designed to pursue full compensation.

We know how insurance companies respond to these claims. We know how hospitals defend them. And we know how to fight back.

New mothers who experience a postpartum medical crisis should be focused on healing and being present for their newborn. Not fighting with hospitals and insurance companies. That is what we are here for.

Talk to a Chicago Postpartum Malpractice Lawyer Today

 

If you were discharged from the hospital with unresolved symptoms, if your incision complications were ignored, if you developed sepsis after being told you were fine, if you needed emergency surgery that providers at earlier visits missed, you deserve answers.

Phillips Law Offices offers a free, confidential consultation. We review your medical records, explain your legal options, and tell you honestly whether we believe you have a case. No pressure. No fees unless we win.

Call (312) 346-4262 today.

Phillips Law Offices
Chicago Medical Malpractice Attorneys
Serving Cook County, DuPage County, Will County, Kane County, and communities throughout Illinois.