Is Poor Postnatal Care Considered Malpractice?

 Posted on August 11, 2025 in Birth Injury

When a mother delivers a baby, the intense focus on labor and delivery can give the impression that the hard part is over. But serious medical complications can still happen in the hours, days, and weeks after a baby is born. If a hospital or healthcare provider does not monitor and treat those complications appropriately, the consequences can be life-altering and even fatal for the mother, the newborn, or both.

Families affected by negligent postnatal care may have grounds to bring a malpractice claim. These cases are complicated, and the emotional difficulty is often immense, but taking legal action can help hold providers accountable and get much-needed financial support for recovery. To understand whether you have a valid malpractice claim, speak with a Chicago, IL birth injury lawyer who can review your case and offer compassionate guidance.

How Important Is Postnatal Care?

The postnatal period, also known as the postpartum period, typically refers to the first six to eight weeks following a birth. This period is critical for both the mother and the baby. During this time, the mother’s body begins to recover from pregnancy and delivery, and the baby adjusts to life outside the womb. Medical professionals are expected to closely monitor mothers and newborn babies and intervene quickly if anything appears abnormal.

For mothers, this includes checking for signs of postpartum hemorrhage, infection, preeclampsia, and blood clots. For newborns, careful attention must be paid to breathing, feeding, jaundice, temperature regulation, and weight gain. Hospitals and healthcare providers are required to follow well-established standards of care during this time. When these standards are ignored, delayed, or not followed properly, there can be devastating injuries or even death.

Examples of Negligent Postnatal Care

Negligent postnatal care can take many forms. Some of the most common errors that lead to injury or death include:

• Failing to monitor or treat maternal hemorrhage (heavy bleeding)

• Ignoring signs of postpartum infection, such as fever or abdominal pain

• Overlooking symptoms of postpartum preeclampsia, a potentially deadly condition involving high blood pressure

• Premature hospital discharge without ensuring the mother and baby are stable

• Not recognizing jaundice, hypoglycemia, or poor weight gain in a newborn

• Failing to monitor vital signs or oxygen levels in the hours after delivery

• Not responding to complaints of severe pain, dizziness, or shortness of breath

If these oversights result in serious harm, the patient or their family may be able to file a medical malpractice claim.

When Is Poor Postnatal Care Considered Medical Malpractice in Illinois?

Not every mistake made after childbirth rises to the level of malpractice. Under Illinois law, medical malpractice happens when a healthcare provider does not act with the level of skill and care that a reasonably competent provider would have used under similar circumstances, and that failure directly causes injury.

To succeed in a malpractice case, you must prove four elements: that a doctor–patient relationship existed, creating a legal duty of care; that the provider breached that duty by failing to meet the standard of care; that the breach of duty caused injury or harm; and that the harm resulted in measurable damages, such as medical bills, lost income, pain and suffering, or death. In most cases, expert testimony is required to show how the provider’s actions deviated from accepted medical practice and how that caused the injury.

For example, if a new mother repeatedly told the nursing staff that she felt dizzy and faint, no one checked her blood pressure or monitored her for blood loss, and she later collapsed due to an undiagnosed hemorrhage, the failure to act could support a malpractice claim. Similarly, if a newborn was sent home with untreated jaundice that led to brain damage (a condition called kernicterus), that could also be grounds for legal action.

What Legal Steps Can Families Take if the Mother or Baby Dies?

Tragically, poor postnatal care sometimes results in the death of the mother, the infant, or both. In these situations, families may have the right to bring a wrongful death lawsuit. Under Illinois’s Wrongful Death Act 740 ILCS 180, surviving family members can seek compensation for losses such as funeral and burial expenses, medical costs related to the negligent care, lost financial support the deceased would have provided, and the loss of companionship.

A separate claim under the Illinois Survival Act 755 ILCS 5/27-6 might allow for compensation for the pain and suffering that the mother or baby experienced before their death.

When Do You Need To File a Medical Malpractice Claim in Illinois?

Illinois has strict deadlines for filing medical malpractice claims. In most cases, you have two years from the date you knew or reasonably should have known that the injury was caused by medical negligence. Regardless of when you discovered the injury, you cannot file a case if more than four years have passed since the negligent act. 

There are exceptions for minors. If a child is injured due to negligent postnatal care, the child has until their 22nd birthday or eight years from the date of the malpractice incident, whichever comes first, to bring a suit. Given these time limits and the complexity of malpractice claims, it is important to speak with an attorney as soon as possible if you suspect that negligent postnatal care caused harm to your family.

Schedule a Free Consultation with a Cook County, IL Birth Injury Lawyer

Medical malpractice cases involving birth injuries or maternal harm require a strong understanding of both medicine and law. These cases involve a thorough review of hospital records, consultation with independent medical experts, and an understanding of events that links negligence to the injury. Our team of experienced attorneys have won many multi-million-dollar verdicts and settlements on behalf of families impacted by birth injury resulting from medical negligence. 

If you believe that negligent postnatal care caused injury or death to your child or a loved one, contact a Chicago, IL birth injury attorney at Birth Injury Law Alliance, Ltd.. Our experienced team offers free consultations and is dedicated to fighting for justice for your family. Call 312-462-4200 today to take the first step toward justice.