Stillbirth is a devastating outcome, and families often leave the hospital with unanswered questions. Many want to know what caused the loss, whether warning signs were missed, and what the medical record can reveal. This guide explains stillbirth in Illinois, common medical factors, the legal options that may apply, and how Chicago families can organize the next steps with care and clarity.
What stillbirth means
Stillbirth generally refers to the loss of a baby at 20 weeks of pregnancy or later. It can happen during pregnancy or during labor and delivery. The cause is not always clear, which can make the experience even more painful and confusing.
Families often want to know when the loss occurred. That answer can depend on ultrasound findings, fetal monitoring notes, and the timing of reported symptoms.
Medical teams may use different terms such as intrauterine fetal demise or fetal death. These terms describe the same outcome and appear in medical records.
If you are unsure about the wording in your chart, ask your provider to explain it in plain language.
Common medical factors linked to stillbirth
- Placental problems such as abruption or previa
- Umbilical cord issues that reduce blood flow
- High blood pressure or preeclampsia
- Diabetes or uncontrolled blood sugar
- Infection in the mother or baby
- Fetal growth restriction or genetic conditions
Sometimes there is more than one factor. A full review often includes maternal health, placental function, and fetal development.
Risk factors do not mean a stillbirth will happen, but they do guide the level of monitoring and the timing of follow up visits.
Some stillbirths remain unexplained even after testing. That uncertainty is difficult, but it is also common. Asking for a clear summary of what was ruled out can help families understand the scope of the evaluation.
If growth restriction was mentioned, ask for the growth percentile and the dates of the measurements. These details can show whether the baby was growing as expected.
When a stillbirth may involve medical negligence
Most stillbirths are not the result of a preventable error. Some are. The legal question is not whether the loss happened, but whether a provider missed or mismanaged a warning sign that a reasonably careful provider would have caught and acted on. That generally requires showing four things: the provider owed a duty of care, the provider’s response fell below the accepted standard, that failure actually caused or contributed to the loss, and the family suffered real, documented harm as a result. Cases are lost far more often on the third element, causation, than on whether a mistake technically occurred, since a reviewing expert has to connect a specific missed step to a specific, more-likely-than-not different outcome.
Patterns that raise this question include a reported decrease in fetal movement that was not evaluated with a non-stress test or ultrasound, a preeclampsia or growth-restriction diagnosis that was not followed with the recommended monitoring schedule, a delayed response to reported bleeding or pain, or a failure to escalate care when risk factors were already documented in the chart.
Warning signs families describe
- Decreased or absent fetal movement
- Bleeding or leaking fluid
- Severe abdominal pain or cramping
- Sudden swelling, headaches, or vision changes
- Persistent fever or signs of infection
These signs do not always mean a stillbirth is imminent, but they are reasons to seek immediate medical evaluation.
If you were told to do fetal kick counts, the record should show what you reported and what guidance you were given.
If your symptoms were reported by phone or through a portal, ask for those messages. They can show what advice was given and when.
Why timing and response matter
In many cases, stillbirth is linked to a change in fetal status that occurred hours or days before delivery. The medical record should show when symptoms were reported, how the care team responded, and what monitoring or testing was performed.
If a decrease in fetal movement was reported, the record should show whether a non-stress test or ultrasound was done and what the results were. If bleeding was reported, the chart should show evaluation and follow up.
Families often ask whether earlier monitoring could have identified a problem. A clear timeline of symptom reports and test results helps answer that question.
In some cases, additional monitoring is recommended when risk factors are present. The chart should show whether that monitoring occurred and how results were communicated.
A Hypothetical: How Timing Gets Evaluated
The scenario below is a hypothetical, offered to illustrate how a reviewing expert approaches these cases, not an account of an actual client or case result. A mother at 34 weeks calls her provider’s after-hours line to report noticeably reduced fetal movement over the previous day. The message is logged, but the callback does not go out until the following morning, and by the time she is seen for a non-stress test, no fetal heart tones are detected. In evaluating a case built on facts like these, a maternal-fetal medicine expert would look at whether the after-hours triage protocol called for a same-night evaluation given the reported symptom, whether that protocol was followed, and whether an evaluation the prior evening would more likely than not have identified a problem in time to intervene. That causation question, not simply whether the callback was delayed, is what actually determines whether the case has legal merit.
What the medical record should include
- Prenatal visit notes and risk factor documentation
- Ultrasound reports and fetal growth measurements
- Notes about reported symptoms and the response
- Fetal monitoring strips or summaries
- Labor and delivery notes
- Placental pathology report (if completed)
- Autopsy report or genetic testing results (if done)
Request the full chart, not just summaries. Timing details often appear in nursing notes and triage records.
Ask for any consult notes from maternal-fetal medicine specialists, if they were involved.
If your prenatal care occurred at multiple clinics, request records from each clinic. Small details can be important when reviewing the full timeline.
Ask whether there were any incident reports or rapid response notes. These documents are not always included in the standard chart but can provide useful context.
Ask for fetal monitoring strips or summaries from any triage visits, not just the final hospital admission. Early monitoring can be important to the timeline.
How to build a clear timeline
Create a timeline that includes:
- When fetal movement changes were first noticed
- When you reported symptoms and how you were advised to respond
- Dates of ultrasounds, non-stress tests, or biophysical profiles
- Any hospital visits and the outcomes
- Time of delivery and key findings
A clear timeline helps specialists understand whether there were missed opportunities for intervention.
Illinois Legal Framework for Stillbirth Claims
Illinois law recognizes a separate claim when a preventable stillbirth results from medical negligence. Because the loss occurs before or during delivery rather than after a living birth, this claim runs through the state’s Wrongful Death Act, 740 ILCS 180, generally brought by the estate’s personal representative rather than as an injury claim belonging to the child directly. It is a distinct legal path from the minor-tolling rules that apply to a child injured but born alive, since a stillborn child does not have an independent claim of their own to toll.
The parents’ own claim, separate from the wrongful death claim, generally follows Illinois’s standard medical malpractice statute of limitations under 735 ILCS 5/13-212: two years from when the negligence was discovered or reasonably should have been discovered, or four years from the negligent act, whichever comes first. This is a materially shorter window than the eight-year minor-tolling period that applies to a child who survives delivery with an injury, which is exactly why prompt investigation matters here.
As with any Illinois medical malpractice claim, an affidavit of merit is required under 735 ILCS 5/2-622 when the complaint is filed, a written certification from a qualified health professional confirming a reasonable basis for the claim after reviewing the records. If the delivery took place at a hospital operated by a unit of local government, 745 ILCS 10/8-101(b) imposes a two-year limitation period that can run faster than the standard filing deadline and should be confirmed early.
Illinois does not cap non-economic damages in medical malpractice cases; the Illinois Supreme Court struck down the state’s prior statutory cap in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010). Illinois generally does not allow punitive damages in medical malpractice actions, so a wrongful death claim arising from stillbirth is built around the family’s documented losses rather than a punitive component.
Common Defenses in Stillbirth Cases
Stillbirth cases are contested carefully, in part because hospitals and insurers understand how sensitive these claims are to juries. Expect the defense to raise one or more of the following:
- The cause was unrelated to any provider action. A genetic factor, an undetectable placental event, or a maternal condition unrelated to the reported symptoms may be argued as the true cause.
- The response met the accepted standard. The defense may argue triage protocols were followed and the timing of evaluation was reasonable given the symptoms reported.
- Earlier intervention would not have changed the outcome. This causation argument is often the most difficult to overcome, since it requires a reviewing expert to establish what an earlier evaluation would more likely than not have shown and done.
- The loss occurred before any reported symptom. If timing is disputed, the defense may argue the fetal demise predates the point at which the family says they raised a concern.
What a Wrongful Death Claim Can Cover
A wrongful death claim tied to a preventable stillbirth can address the family’s medical expenses connected to the pregnancy and loss, funeral and burial costs, and the emotional impact on the parents, generally described in Illinois practice as loss of society and companionship. Because Illinois does not cap non-economic damages in these cases, that emotional-impact category is not limited to a fixed statutory ceiling, though the actual value of any claim still depends on the specific facts, the strength of the causation evidence, and how a jury or settlement negotiation weighs them.
How These Cases Are Investigated
A stillbirth investigation starts with the full prenatal, triage, and delivery record, not a discharge summary. A maternal-fetal medicine expert reviews the documented symptom reports, the response times, and any testing that was or was not ordered, to determine whether the care team’s response fell within the accepted standard given what was reported and known at the time. If placental pathology or genetic testing was completed, those results are reviewed alongside the clinical timeline to help establish, or rule out, a preventable cause. Only once this review supports the claim can the affidavit of merit required under 735 ILCS 5/2-622 be prepared and the case filed.
Chicago-specific context and second opinions
Chicago has hospitals with different levels of maternal-fetal medicine expertise. If you were transferred or seen by multiple providers, request records from each location. If a placental pathology report was completed at a different lab, ask for that report directly.
Some families choose to seek a second medical opinion after the loss. Having complete records helps a reviewing specialist explain the timeline and possible causes.
If you delivered outside Chicago and were transferred into the city, request EMS and transport records. These often include timing and monitoring details.
If you plan to seek a second opinion, ask for a complete copy of the medical record in a single packet. That makes the review process faster.
Placental and genetic testing
Placental examination and genetic testing can provide important clues, but they are not always performed automatically. Ask the hospital whether placental pathology was completed and whether any fetal testing was done. These results can help answer questions about infection, blood flow, or genetic factors.
If testing was offered and you declined at the time, ask whether any tissue or samples were stored. Policies vary, and some tests may still be possible shortly after delivery.
If you consented to testing, ask for written results and a clear explanation of what the findings mean.
If results mention infection, inflammation, or reduced blood flow, ask how those findings may have affected the baby and whether earlier monitoring could have identified changes.
Recovery and emotional support
Stillbirth is a profound loss. Grief responses vary, and there is no correct timeline. Many families benefit from counseling or support groups. Hospitals often have bereavement resources, and your OB can provide local referrals.
Physical recovery also matters. Follow up visits should address bleeding, anemia, blood pressure, and plans for future pregnancies. Ask for written guidance so you can share it with future providers.
If you experience fever, heavy bleeding, or severe pain after discharge, contact your provider right away.
Some families also request a debrief meeting with the care team. This can be a chance to review what happened and ask questions in a calmer setting.
If you were prescribed medication for blood pressure, anemia, or infection, keep a list of doses and follow-up lab work. It helps your provider track recovery.
Planning for future pregnancies
If you are considering another pregnancy, ask your OB about a preconception visit. A review of records can help identify risk factors and plan closer monitoring. Some families are referred to a maternal-fetal medicine specialist for additional support.
Some families benefit from a written summary of the stillbirth evaluation. Ask for this summary so it can be shared with future providers.
If a specific cause was identified, ask what changes are recommended for a future pregnancy and whether additional testing is advised.
Ask whether you should have earlier ultrasounds or additional fetal monitoring in the next pregnancy. A clear plan can reduce anxiety.
If you are not ready to plan another pregnancy, it is still OK to request a summary of your records now. That summary can be helpful later when you are ready.
What to say (and not say) to insurers
- Do keep statements brief and factual.
- Do not guess about timing or cause.
- Do not sign broad releases before you understand what they cover.
- Do say you are gathering records and will respond after review.
If an insurer asks for a recorded statement, it is reasonable to request time to review records first.
Practical next steps for families
Organize records: Keep prenatal notes, ultrasound reports, and delivery records in separate sections. Label items by date.
Build a timeline: Note when symptoms were reported, when testing occurred, and what the results showed.
Ask clear questions: Was fetal movement documented? Were there signs of placental problems? Was additional monitoring offered?
Plan follow up visits: Confirm the timing of postpartum visits and any specialist appointments.
Keep a grief support list: Write down the names and numbers of counselors, support groups, or social workers you can contact.
Request a summary letter: Ask your OB for a concise summary of the pregnancy and delivery. It helps with future care planning.
Save written results: Keep copies of placental pathology, genetic testing, and any specialist reports in the same folder as your records.
Claim timeline: what to expect
Month 1-2: Record requests, follow up visits, and initial review of results.
Months 3-6: Specialist review of records and clearer understanding of possible causes.
Months 6-12: Ongoing care planning and preparation for future pregnancies if desired.
Longer cases: Some cases require extended review and expert input before conclusions are reached.
Ongoing: Some families continue periodic follow up with maternal-fetal medicine for future pregnancy planning.
As needed: Additional testing or consultations may be recommended if new information arises.
FAQ
Is stillbirth always caused by medical error?
No. Stillbirth can happen even with appropriate care. The medical record is needed to understand the specific factors in a case.
Should we request an autopsy or placental exam?
Many families choose placental pathology because it can provide useful information. Autopsy is a personal decision. Ask your care team about options and timing.
How soon should we request records?
As soon as possible. Early access helps you understand the timeline and any testing that was performed.
How long do we have to file a claim over a stillbirth?
The parents’ own claim generally must be filed within two years of discovering the negligence, or four years of the negligent act, whichever comes first, under 735 ILCS 5/13-212. This is shorter than the eight-year window that applies when a child survives delivery with an injury, so prompt investigation matters here more than in most other birth injury claims.
Is there a cap on what our family could recover?
Illinois does not cap non-economic damages in medical malpractice cases following Lebron v. Gottlieb Memorial Hospital. Illinois generally does not allow punitive damages in these cases, so any recovery reflects the family’s documented losses rather than a punitive amount.
When to talk to a lawyer
If you have unanswered questions about the care you received or the response to warning signs, a lawyer can help obtain records and connect you with medical experts for review. Early review helps preserve evidence and clarify options.
Phillips Law Offices handles these cases on contingency, so there is no upfront cost to have your records reviewed. Call (312) 346-4262 for a free, confidential consultation.
Disclaimer: This article provides general information, not legal advice. Every case is different, and you should consult a qualified attorney about your specific situation.