Illinois Maternal Death Lawyers

5-Star Rated Attorneys Helping Families Recover After a Wrongful Death in Illinois

Maternal mortality remains a pressing public health concern in Illinois, with a significant number of pregnant women’s deaths attributed to preventable medical errors. Despite advancements in healthcare, the state continues to witness maternal deaths linked to medical malpractice, underscoring systemic issues within the healthcare system. At John J. Malm & Associates, our dedicated and compassionate Illinois wrongful death lawyers help families recover after the loss of a mother due to medical negligence and neglect.

Maternal Mortality Statistics in Illinois

According to the Illinois Department of Public Health (IDPH), an average of 88 women died annually while pregnant or within one year of pregnancy between 2018 and 2020. Notably, 43% of these deaths were directly related to pregnancy, with substance use disorder accounting for 32% of pregnancy-related deaths. ​

Alarmingly, Black women in Illinois face a maternal mortality rate approximately three times higher than that of white women, highlighting significant racial disparities in healthcare outcomes. ​

Common Causes of Maternal Deaths Due to Medical Malpractice

Several factors contribute to maternal deaths caused by medical negligence:

• Failure to Monitor Vital Signs: Inadequate monitoring of a mother’s vital signs during labor and postpartum can lead to undetected complications.​
• Delayed Treatment: Procrastination in addressing obstetric emergencies, such as hemorrhaging or preeclampsia, can be fatal.​
• Misdiagnosis: Incorrectly diagnosing or failing to diagnose conditions like infections or cardiovascular issues can result in preventable deaths.​
• Surgical Errors: Mistakes during cesarean sections or other surgical interventions can lead to severe complications.
• Medication Errors: Administering incorrect dosages or wrong medications during labor can have dire consequences.​

These errors often stem from systemic issues, including inadequate training, understaffing, and implicit biases within the healthcare system. ​

Legal Framework for Medical Malpractice and Wrongful Death Claims in Illinois

In Illinois, medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in patient harm or death. When this negligence results in fatal outcomes, victims’ families can pursue legal action under the Illinois Wrongful Death Act. The Act allows for families to receive compensation when a person’s death results from another’s wrongful act or negligence. ​

Statute of Limitations of Medical Malpractice Claims

Illinois law mandates that medical malpractice lawsuits be filed within two years of discovering the injury, but no later than four years from the date of the alleged malpractice. Exceptions exist for minors and cases involving fraudulent concealment. ​

Filing a Medical Malpractice Lawsuit

To successfully initiate a medical malpractice lawsuit in Illinois, there are several steps you should take, including:

1. Consulting an Attorney: Engage a lawyer experienced in medical malpractice cases.​
2. Obtaining a Certificate of Merit: Illinois law requires a written statement from a qualified healthcare professional affirming that the case has merit.​
3. Filing the Lawsuit: Submit the complaint and certificate to the appropriate court within the statute of limitations.​

Compensation for Medical Malpractice Claims

Families affected by maternal deaths due to medical malpractice may be entitled to compensation for:

• Economic Damages: Compensation for medical expenses, funeral costs, and loss of financial support.​
• Non-Economic Damages: Compensation for pain and suffering, loss of companionship, and emotional distress.​
• Punitive Damages: In cases of gross negligence, courts may award punitive damages to deter similar conduct.​

It’s crucial for families to act promptly, given the legal time constraints and the emotional toll such cases can take.​

Wrongful Death Claims in Maternal Malpractice Cases

When a mother dies due to medical malpractice during pregnancy, labor, delivery, or postpartum care, surviving family members may have the right to pursue a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180/). This civil statute allows certain relatives to recover damages from the negligent medical providers or institutions responsible for the mother’s untimely death.

Who Can File a Wrongful Death Claim?

Under Illinois law, a wrongful death claim must be brought by the personal representative of the deceased person’s estate. This person could be:

• A surviving spouse
• An adult child
• A parent (if the decedent was unmarried with no children)
• Another family member named as executor in the deceased’s will

The claim is filed on behalf of the surviving spouse and next of kin who have suffered losses due to the death.

What Must Be Proven in a Maternal Wrongful Death Lawsuit?

To prevail in a wrongful death case involving maternal death, the plaintiff must establish:

1. A duty of care existed between the healthcare provider and the deceased.
2. A breach of that duty occurred (e.g., medical negligence or failure to follow standard protocols).
3. Causation, meaning the breach directly led to the mother’s death.
4. Damages, including financial and emotional losses suffered by surviving family members.

Recoverable Damages in Wrongful Death Cases

Illinois allows recovery for both economic and non-economic damages in wrongful death claims resulting from maternal death cases:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, especially if the mother was a wage earner
• Loss of services (e.g., childcare, household support)
• Loss of consortium and companionship for spouses
• Grief and mental suffering for immediate family members

Illinois does not place a cap on damages in wrongful death lawsuits, which means juries may award substantial compensation based on the severity of the negligence and the losses endured by the family.

Frequently Asked Questions (FAQs) About Maternal Death Claims

1: What is the statute of limitations for filing a medical malpractice lawsuit in Illinois?

In Illinois, you must file a medical malpractice lawsuit within two years of discovering the injury, but no later than four years from the date of the alleged malpractice. Exceptions exist for minors and cases involving fraudulent concealment. ​

2: What types of compensation can families seek in wrongful death lawsuits related to maternal deaths?

Families may be entitled to economic damages (medical expenses, funeral costs), non-economic damages (pain and suffering, loss of companionship), and, in cases of gross negligence, punitive damages.​

3: What steps should families take if they suspect a maternal death was due to medical malpractice?

Families should consult an experienced Illinois medical malpractice attorney, obtain a certificate of merit from a qualified healthcare professional, and file the lawsuit within the statute of limitations.

Contact the Top-Rated Illinois Maternal Death Lawyers at John J. Malm & Associates

Maternal deaths resulting from medical malpractice in Illinois are a tragic reality, often stemming from preventable errors and systemic shortcomings. By understanding the legal avenues available, affected families can seek justice and contribute to systemic changes aimed at preventing future tragedies.

If your loved one died during childbirth or postpartum care and you suspect that medical negligence played a role, you deserve answers—and justice. At John J. Malm & Associates, we are committed to holding negligent healthcare providers accountable and securing the compensation your family needs to begin healing. Our experienced Illinois medical malpractice and wrongful death attorneys offer compassionate, thorough representation and are ready to guide you through every step of the legal process. Contact us today for a free, confidential consultation to discuss your case and learn how we can help you pursue justice for your loved one.