Maternal Sepsis Malpractice

A preventable, leading cause of maternal death — when treated in time.

Sepsis — the body's overwhelming response to infection — is consistently among the leading causes of pregnancy-related deaths in the United States. The CDC estimates roughly 13% of maternal deaths are caused by infection or sepsis, and many are preventable with timely recognition and treatment.

Hospitals follow well-established sepsis protocols ("Hour-1 bundle"): measure lactate, draw blood cultures, give broad-spectrum antibiotics within an hour, administer fluids, and escalate care. When obstetric and emergency teams fail to follow these protocols on a pregnant or postpartum patient, the consequences can include organ failure, hysterectomy, stillbirth, and maternal death.

Common sources of maternal sepsis

Chorioamnionitis — intrauterine infection during labor.
Endometritis — postpartum infection of the uterine lining, more common after cesarean.
Retained products of conception after delivery or miscarriage.
Urinary tract infections progressing to pyelonephritis.
Surgical-site infections following cesarean delivery.
Mastitis and breast abscesses in the postpartum period.
Septic abortion following incomplete miscarriage or unsafe procedure.

Warning signs that get missed

Many of the symptoms of early sepsis — tachycardia, mild shortness of breath, low blood pressure — overlap with normal pregnancy or postpartum physiology. Providers sometimes attribute concerning vital signs to anxiety, dehydration, or "just the normal recovery." That dismissal is often the inflection point of a malpractice claim. Red flags include:

Persistent fever or hypothermia
Heart rate consistently above 110 bpm
Respiratory rate above 24 breaths per minute
Confusion, altered mental status
Unusual abdominal or pelvic pain
Foul-smelling lochia or wound drainage
Rising lactate or worsening lab values

How sepsis cases are litigated

These cases turn on the timeline: when did the warning signs appear, who saw them, what was documented, and how long it took for antibiotics, cultures, and escalation to occur. A delay of even a few hours in treating sepsis substantially worsens outcomes. We work with maternal-fetal medicine, critical care, and infectious disease experts to demonstrate what should have happened — and when.

Damages in maternal sepsis cases

When sepsis is recognized late, the harm can include emergency hysterectomy and loss of future fertility, amputations from septic shock, long-term organ damage, the death of the mother, or stillbirth. Our firm has handled wrongful-death claims for surviving spouses and children when a young mother's sepsis was missed.