When Does a Miscarriage Point to Medical Malpractice?

 Posted on September 11, 2026 in Birth Injury

The loss of a child during a pregnancy comes with a kind of grief that is hard to put into words. In many cases, a miscarriage happens for reasons that no one could have prevented. But in some cases, medical negligence may contribute to the loss. When this happens, the family may have the right to seek compensation.

At Birth Injury Law Alliance, Ltd., our Cook County, IL birth injury attorneys have years of experience investigating medical negligence during pregnancy and childbirth, including cases involving pregnancy loss. Attorney Allen Schwartz has obtained multi-million dollar verdicts and settlements for families harmed by medical negligence.

Three Ways Medical Malpractice Can Contribute to a Miscarriage

Many miscarriages happen for reasons that no doctor could have prevented. In some cases, however, medical negligence may contribute to a pregnancy loss. Examples can include:

Medication Errors

Pregnant patients often need medication for pain, infection, high blood pressure, or other health conditions. Some medications can create risks during pregnancy. Doctors should consider these risks when prescribing medication. A serious medication error could contribute to a pregnancy loss if a doctor prescribes the wrong drug, orders the wrong dose, or fails to check for a dangerous drug interaction.

Pharmacists and nurses can also make medication errors. For example, a patient could receive the wrong drug or the wrong dose. These preventable mistakes can place a pregnancy at serious risk within a short period of time.

Exposure to Infection

An untreated or poorly managed infection can also lead to a miscarriage. Doctors should follow recommended prenatal screening guidelines and respond to signs of a serious infection. If an infection is missed or treatment is delayed, the patient and pregnancy can be put at risk.

Medical facilities must also follow proper infection-control practices during exams and procedures. Poor sanitation or improperly sterilized equipment can expose a patient to infection.

Failure to Identify Fetal Distress

During pregnancy and labor, medical staff monitor the baby for signs of distress, such as an irregular heartbeat, reduced movement, or abnormal fluid levels. These signs can point to a lack of oxygen or another serious problem that needs prompt attention. These warning signs are more common later in pregnancy or during labor. In some cases, they can point to a serious condition that puts the pregnancy at risk.

If a doctor or nurse fails to notice these warning signs, misreads a fetal monitor, or waits too long to act, the risk of a miscarriage or stillbirth can increase. Hesitation at a critical moment can have lasting consequences for the entire family.

Other health problems can also raise the risk of pregnancy loss. These can include poorly controlled diabetes, thyroid problems, and certain infections. If a doctor fails to diagnose or treat a serious condition and that failure contributes to a miscarriage, it could support a malpractice claim.

Is There a Time Limit to File a Medical Malpractice Claim for a Miscarriage?

Illinois law places a time limit on medical malpractice claims. Most claims must be filed within two years after the person knew or reasonably should have known about the injury or death. In most cases, a claim cannot be filed more than four years after the medical error occurred. However, some exceptions can change these deadlines (735 ILCS 5/13-212).

Grief and shock can make it difficult to think about legal deadlines while you are still processing a loss. A lawyer can help you understand which deadline applies and begin gathering medical records and other evidence. Because these deadlines can be complicated, it is best to speak with an attorney when you feel able to do so.

What Compensation Is Available to Mothers in a Wrongful Death Claim?

Under Illinois law, the stage of pregnancy does not by itself prevent a wrongful death claim involving an unborn child. If medical negligence caused a miscarriage, the family may be able to pursue a wrongful death claim. An attorney can review the facts and explain whether this type of claim applies.

While no amount of money can make up for such a profound loss, a wrongful death claim can provide compensation and hold a negligent party responsible. Illinois law allows families to seek damages for grief, sorrow, mental suffering, and other losses caused by the death. A wrongful death claim may include the following kinds of compensation:

• Medical bills connected to the pregnancy and the loss
• Costs related to funeral or burial services, if applicable
• Lost wages if the mother needed time away from work
• Emotional pain and suffering caused by the loss
• Loss of companionship between the parents and the child

Other compensation may be available depending on the facts of the case and whether the mother also suffered injuries. The exact value of a claim varies from case to case. A skilled attorney can review your medical records, speak with medical experts, and help you understand which damages may be available to you.

What Documentation Should You Hold on to for a Medical Malpractice Claim?

Strong documentation can help your attorney build a clear picture of what happened in a medical malpractice claim involving pregnancy loss. Try to hold on to any records you have access to, including prenatal visit summaries and doctor's notes. Keep hospital admission and discharge paperwork. Save your lab results, imaging reports, and ultrasound records. Make a list of all medications prescribed during your pregnancy. Lastly, save any written communication with your medical providers. These documents can help an attorney determine whether a medical error occurred and how it affected your care.

Additionally, hold on to any invoices or bills you received throughout your pregnancy. These can help show the financial losses related to your claim. Our firm can help determine which losses may be included.

You should also write down your own memory of events while they are still fresh. Write down dates and names of medical staff. Note any details about what you were told. Small details can become useful later, even if they seem unimportant at the time. An attorney can use these details to identify where a mistake may have occurred. Your medical records can help determine whether that mistake affected your care or contributed to the pregnancy loss.

Contact Our Chicago, IL Birth Injury Attorneys

A miscarriage can be devastating. When a preventable medical error may have contributed to the loss, families may have questions about what happened and what they can do next. Our team understands how sensitive these cases are, and we are prepared to handle your claim with care and diligence. Families should not have to face the legal process alone. Contact our Cook County, IL medical malpractice lawyers or call 312-462-4200 to set up a free consultation with Birth Injury Law Alliance, Ltd..