
Severe maternal morbidity rates are rising across the country and in Illinois, and serious birth complications that injure mothers and babies are happening more frequently than they should in hospitals that are supposed to be equipped to prevent them. Some of these complications are unavoidable medical events. Others are the result of delayed action, missed warning signs, or failures to follow the standard of care that every patient deserves.
When a traumatic birth experience that may involve medical negligence destroys what should have been a special day for an Illinois family, we’re here to let them know they have the right to pursue justice. Schafer & Schafer represents families in Illinois birth injury and Illinois medical malpractice cases. Call us at 219-947-1911 for a free case review.
Severe maternal morbidity, or SMM, refers to unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health. These are not routine complications or minor difficulties. They are serious, often life-threatening events that require emergency intervention and can leave lasting physical and emotional effects.
The Centers for Disease Control and Prevention identifies more than 20 indicators of severe maternal morbidity, including blood transfusion, hysterectomy, acute renal failure, sepsis, ventilation, cardiac arrest, and prolonged hospitalization. Each of these events represents a serious departure from the expected trajectory of a healthy birth, and each carries real risk of permanent harm or death.
Severe maternal morbidity and maternal mortality exist on a continuum. SMM events are far more common than maternal deaths but involve many of the same underlying causes: hemorrhage, hypertensive disorders, infection, and delayed intervention.
For every woman who dies from a pregnancy-related complication, many more experience a near-miss SMM event that permanently affects their health and quality of life. Addressing SMM is therefore central to improving maternal health outcomes broadly, and hospitals and providers who fail to recognize and respond to SMM warning signs are failing their patients at a fundamental level.
Illinois has seen increases in severe maternal morbidity consistent with the national trend, which has roughly doubled over the past two decades according to data from the Illinois Department of Public Health. This reflects that serious pregnancy-related complications affect thousands of Illinois women annually, with significant variation across regions, hospital systems, and demographic groups. The state has recognized maternal health as a priority public health issue, but rates of preventable complications remain concerning.
The burden of severe maternal morbidity in Illinois is not equally distributed. Black women in Illinois experience SMM at rates significantly higher than white women, a disparity that reflects systemic failures in how certain patients' concerns are heard and acted upon, as well as differences in access to high-quality prenatal and obstetric care. Women in rural areas of Illinois face elevated risks due to limited access to specialized facilities and longer transport times when emergencies arise. Women with multiple risk factors including chronic hypertension, diabetes, and obesity are also at elevated risk and require heightened monitoring that is not always consistently provided.
Illinois reflects the national pattern in which SMM rates have increased substantially while mortality rates have fluctuated. The national increase in SMM is attributed to a combination of factors including older maternal age at delivery, higher rates of chronic conditions, increased cesarean delivery rates, and systemic gaps in how hospitals monitor and respond to warning signs during labor and delivery. Illinois hospitals vary significantly in their outcomes data, and where a woman delivers can meaningfully affect her risk of experiencing a serious complication.
Not all birth complications involve medical error, but a meaningful share of severe outcomes occur in situations where earlier recognition and intervention would have changed the result.
Postpartum hemorrhage is the leading cause of severe maternal morbidity in Illinois and nationally. When bleeding after delivery is not recognized quickly and managed aggressively, it can escalate to hemorrhagic shock, organ failure, and the need for emergency hysterectomy. Many cases of severe hemorrhage-related harm occur in situations where providers failed to respond quickly enough to early signs of excessive bleeding, failed to have protocols in place for rapid response, or failed to administer appropriate medications and interventions in a timely manner.
Hypertensive disorders including preeclampsia and eclampsia are another leading driver of maternal morbidity. Preeclampsia requires careful monitoring and timely delivery when indicated. When providers fail to recognize worsening hypertension, fail to administer antihypertensive medications when blood pressure reaches dangerous levels, or delay delivery beyond the point when it should have been initiated, the consequences can include stroke, organ damage, and death.
When a baby is deprived of adequate oxygen during labor or delivery, the resulting brain injury can be devastating and permanent. Hypoxic ischemic encephalopathy, or HIE, is a serious brain injury caused by oxygen deprivation around the time of birth. Babies who survive HIE may develop cerebral palsy, epilepsy, cognitive disabilities, and other lifelong conditions that require extensive care and support throughout their lives.
HIE is frequently preventable when providers recognize and respond appropriately to signs of fetal distress. Fetal heart rate monitoring exists specifically to detect abnormal patterns that indicate the baby is not tolerating labor well. When those patterns are missed, misinterpreted, or not acted upon in time, and a baby suffers brain injury as a result, the failure may constitute medical negligence. Birth injuries of this severity have lifelong consequences that demand thorough legal investigation.
Infections including chorioamnionitis and postpartum sepsis can develop rapidly and become life-threatening when not recognized and treated promptly. Anesthesia errors during epidural placement or general anesthesia for cesarean delivery can cause serious harm. Surgical errors during cesarean section, including injury to nearby organs, can produce complications that require additional surgeries and prolonged recovery. Each of these categories of harm involves providers making decisions, and when those decisions fall below accepted standards of obstetric care, the resulting harm may be compensable.
Women who enter pregnancy with chronic hypertension, diabetes, obesity, a prior cesarean delivery, or a history of pregnancy complications are at elevated risk for serious complications and require more intensive monitoring and management. Providers who fail to account for these risk factors when making decisions about monitoring frequency, delivery timing, and intervention thresholds are not meeting the standard of care.
Many families who experienced traumatic births describe recognizing in retrospect that something seemed wrong before providers acted. A baby's heart rate dropping on the monitor and nurses rushing in and out of the room. A mother's blood pressure rising repeatedly without medication being adjusted. A labor that was progressing poorly with no action taken for hours. These observations matter and may be consistent with a failure to respond to warning signs that providers were obligated to recognize.
Illinois hospitals and obstetric providers are held to the standard of care that a reasonably competent provider would apply under the same circumstances.
National guidelines from organizations including the American College of Obstetricians and Gynecologists set specific protocols for fetal heart rate monitoring, management of preeclampsia, hemorrhage response, and emergency cesarean delivery timing. When a provider's actions deviate from those established protocols and a patient is harmed as a result, that deviation is the foundation of a medical malpractice claim.
The decision to perform an emergency cesarean section must be made and executed within a timeframe that prevents or minimizes brain injury to the baby. When fetal heart rate tracings show patterns requiring urgent delivery and the decision is delayed, the baby's exposure to oxygen deprivation extends. Minutes matter in these situations, and the difference between a timely and a delayed C-section can be the difference between a healthy child and a child with permanent brain damage.
Many preventable birth complications involve not a single dramatic error but a pattern of inadequate monitoring, delayed communication between nursing staff and physicians, and staffing levels that leave patients without adequate oversight during critical periods. A nurse who does not escalate a concerning fetal heart rate pattern quickly enough, a physician who is not promptly notified of deteriorating maternal vital signs, or a hospital that is understaffed during a busy delivery night may each contribute to a harmful outcome that could have been prevented with appropriate attention and response.
Illinois medical malpractice law requires injured plaintiffs to establish that the provider owed a duty of care, that the provider breached that duty by failing to meet the applicable standard of care, that the breach caused the patient's injury, and that the injury resulted in damages. In birth injury cases, establishing these elements typically requires expert medical testimony from qualified obstetric professionals who can review the medical records and opine on whether the care provided met accepted standards. An Illinois medical malpractice attorney who handles birth injury cases understands how to assemble and present this evidence effectively.
Illinois also has a statute of limitations for medical malpractice claims. For adult patients, claims generally must be filed within two years of the date the injury was discovered or reasonably should have been discovered, with an overall eight-year outer limit from the date of the negligent act. For minors, the limitations period is generally eight years from the date of the negligent act or until the minor's 22nd birthday, whichever comes first. These deadlines make prompt legal consultation important for families considering whether to pursue a claim.
Women who survive severe maternal morbidity events often face recovery that extends far beyond the hospital stay. Physical consequences can include chronic pain, fertility loss following emergency hysterectomy, kidney damage, cardiovascular complications, and the lasting effects of extended ICU stays. The emotional and psychological impact of a traumatic birth is also significant. Post-traumatic stress disorder, postpartum depression, and grief over the loss of a hoped-for birth experience are real and serious consequences that affect women's quality of life and their ability to care for themselves and their families.
Children who sustain birth injuries including HIE and cerebral palsy face lifelong challenges that require ongoing medical care, therapy, adaptive equipment, educational support, and in many cases full-time assistance with daily living. The costs associated with these needs can be enormous and persist for the entirety of the child's life. A legal recovery that accounts for these future costs is essential to ensuring that families can access the care their child will need.
The financial impact of a serious birth complication or birth injury extends far beyond the initial hospitalization. Extended NICU stays, specialist consultations, surgical procedures, rehabilitation, adaptive equipment, home modification, and lost parental income during recovery and caregiving all represent real economic harm. In cases involving catastrophic injuries, these costs can reach into the millions of dollars over a lifetime. Families should not be left to absorb those costs alone when they resulted from someone else's failure to provide competent care.
In the most tragic cases where a mother or baby does not survive a birth complication, surviving family members may have a wrongful death claim that deserves thorough legal evaluation.
If you believe your birth complication or your baby's injury may have been preventable, the most important initial steps are to continue prioritizing medical care for yourself and your child, to request complete copies of all medical records from the delivery and any subsequent treatment, and to consider seeking a second medical opinion about the care that was provided and the cause of the complications that occurred. Do not sign any releases or settlement agreements from the hospital or its insurer before speaking with an attorney.
You should consult an Illinois birth injury lawyer if anything about your delivery or your baby's condition has left you wondering whether the care provided was adequate. Many families who contact us are not certain they have a case. They simply know that something happened that was not explained to them, or that the outcome was not what anyone expected. That uncertainty is exactly the kind of situation a legal consultation is designed to address.
Consider reaching out if any of the following apply to your situation:
A consultation with Schafer & Schafer is completely confidential, carries no obligation, and costs nothing. It is simply a conversation about what happened and whether the facts warrant a closer legal and medical review. In many cases, that review provides clarity that families could not get from the hospital or their providers.
If you or your baby experienced a serious complication during labor or delivery in Illinois and you are wondering whether the care you received met the standard you deserved, Schafer & Schafer is ready to help you find answers. Our firm handles birth injuries, brain injuries, and catastrophic injury cases with the depth of experience and medical understanding these complex claims require.
There is no cost to speak with us, no obligation to proceed, and no pressure. Just honest answers about whether your situation warrants a closer look. Contact Schafer & Schafer 219-947-1911 for a free birth injury consultation today.
Severe maternal morbidity refers to serious, unexpected complications during labor and delivery that significantly affect a woman's health. The CDC identifies more than 20 SMM indicators including blood transfusion, sepsis, acute renal failure, cardiac arrest, and hysterectomy. These are events that go well beyond routine complications and require emergency intervention.
No. Some complications occur despite appropriate, timely, and competent care. Malpractice requires that a provider failed to meet the applicable standard of care and that the failure caused the harm. An attorney working with medical experts reviews the specific facts to determine whether a deviation from the standard of care occurred.
Determining preventability requires a review of the complete medical records by a qualified medical expert who can assess whether the warning signs were present, whether the standard of care required a different response, and whether a timely response would have changed the outcome.
For adult maternal injury claims, generally two years from discovery with an eight-year outer limit. For children's birth injury claims, generally eight years from the negligent act or until the child's 22nd birthday. Consulting an attorney promptly protects your ability to meet these deadlines.
Yes. Cases involving both maternal and infant harm can be pursued together, and a comprehensive legal evaluation should address all injuries and all affected family members.
If you’ve been injured and want to know if you have a case, contact us for help.
If you’ve been injured and want to know if you have a case, contact us for help.
