Bringing a child into the world should be one of the most joyful experiences in a family’s life. For most mothers in Alberta, childbirth and recovery proceed safely thanks to modern medical care and diligent postnatal monitoring. However, when an infection develops and is not recognized or treated promptly, the outcome can be devastating. Maternal sepsis, a life-threatening response to infection that occurs during pregnancy, childbirth, or the postpartum period, remains a serious and often preventable cause of severe injury and death among new mothers.
For families who experience this tragedy, the consequences can be catastrophic. Beyond the physical suffering and emotional trauma, the failure to diagnose or treat sepsis quickly can raise questions of medical negligence. Understanding how maternal sepsis occurs, how it should be managed, and when legal responsibility may arise is crucial for families seeking answers and accountability.
Understanding Maternal Sepsis
Sepsis is the body’s extreme, systemic reaction to an infection. In the context of pregnancy and childbirth, maternal sepsis can arise from infections of the uterus, placenta, urinary tract, surgical wounds (such as a C-section incision), or retained tissue after delivery. When bacteria enter the bloodstream and multiply unchecked, the immune system’s response can lead to organ failure, dangerously low blood pressure (septic shock), and death if not treated urgently.
While anyone can develop sepsis, pregnant and postpartum women are particularly vulnerable because pregnancy suppresses parts of the immune system and involves physiological changes that increase infection risk. The postpartum period (especially the first six weeks after delivery) is the highest-risk phase, when open wounds, surgical incisions, or retained tissue can provide entry points for infection.
Globally, maternal sepsis is a significant cause of preventable maternal mortality. In developed countries, including Canada, maternal deaths are rare, but sepsis continues to be one of the leading causes of those that do occur. The modern health-care system has made strides in standardizing sepsis response protocols, yet litigation and inquiries continue to reveal systemic failures in recognition, communication, and timely intervention.
How Sepsis Develops After Childbirth
Infections leading to maternal sepsis can begin in subtle ways. A woman recovering from childbirth may experience fever, chills, fatigue, or pain, which may be mistakenly attributed to normal postpartum recovery. However, when these symptoms indicate infection, hours can make the difference between full recovery and irreversible organ damage.
The most common sources of infection include:
- Postpartum uterine infections (endometritis) following prolonged labour or retained placenta.
- Cesarean section wound infections, particularly when sterility protocols or antibiotic prophylaxis are inadequate.
- Urinary tract infections, often related to catheter use during labour or post-delivery recovery.
- Perineal infections following vaginal tears or episiotomy.
When healthcare providers fail to identify early signs, such as elevated heart rate, low blood pressure, confusion, or high fever, the infection may progress rapidly. The “golden hour” for sepsis intervention, during which antibiotic therapy and fluid resuscitation should begin, is critical. Delay in this window can significantly worsen outcomes.
Warning Signs of Postpartum Sepsis
While every postpartum recovery is unique, certain symptoms should immediately prompt medical review. Red flags include persistent fever, abdominal tenderness, foul-smelling discharge, rapid breathing, dizziness, and confusion. A key challenge in diagnosing maternal sepsis is distinguishing these from typical postpartum symptoms. Experienced clinicians are trained to recognize patterns and err on the side of caution.
Emergency departments and maternity wards are expected to follow early-warning scoring systems and protocols for identifying and treating suspected sepsis. Failure to follow these practices can amount to a breach of the standard of care.
When Delay Becomes Negligence
Not every case of sepsis results from medical negligence. Some infections progress unpredictably despite appropriate care. However, legal claims often arise when the evidence shows that warning signs were missed, treatment was delayed, or protocols were not followed.
Examples of when negligence may occur include:
- A physician or nurse fails to recognize early symptoms or order appropriate blood work;
- Hospital staff delay administering antibiotics or intravenous fluids once sepsis is suspected;
- A patient’s vital signs are not properly monitored or recorded after delivery;
- Laboratory results indicating infection are not reviewed or communicated in time; or
- Discharge instructions fail to warn the patient about signs of infection or when to seek urgent care.
Proving negligence requires showing that a health-care provider’s conduct fell below the accepted medical standard and that this breach caused or materially contributed to the harm. In sepsis cases, that harm can include organ failure, amputations, loss of fertility, or death.
The Legal Standard of Care
The standard of care in maternal sepsis cases depends on what a reasonably competent medical professional would have done under similar circumstances. Courts will consider the timing and accuracy of the diagnosis, adherence to hospital policies, and compliance with provincial and national guidelines such as those issued by the Society of Obstetricians and Gynaecologists of Canada (SOGC) and Sepsis Canada.
Expert medical testimony is critical. A plaintiff’s lawyer will typically retain obstetricians, infectious disease specialists, or emergency physicians to review the records and determine whether care fell below acceptable standards. For instance, a delay of several hours in administering antibiotics to a symptomatic postpartum patient may constitute a breach if a reasonably prudent physician would have acted sooner.
The Impact on Families
The consequences of maternal sepsis extend far beyond the medical charts. Survivors may suffer permanent injuries such as infertility, organ damage, or limb amputation due to septic shock and tissue necrosis. Families who lose a loved one face profound grief, compounded by the knowledge that the death might have been preventable.
Children may grow up without their mother. Spouses may face sudden caregiving responsibilities, financial hardship, and emotional trauma. In these circumstances, legal action is not merely about compensation but about obtaining accountability and ensuring that future patients are better protected.
Damages in Maternal Sepsis Claims
When negligence is proven, plaintiffs may seek damages for both economic and non-economic losses. Economic damages can include medical expenses, loss of income, and costs of ongoing care. Non-economic damages compensate for pain, suffering, emotional distress, and loss of companionship.
In cases involving maternal death, claims are typically brought under Alberta’s Fatal Accidents Act, which allows certain dependants (spouses, children, or parents) to recover for loss of guidance, care, and financial support. Courts may also award damages for funeral expenses and other financial burdens arising from the death.
Because maternal sepsis often affects young, otherwise healthy women, the long-term financial impact on families can be significant. Lawyers handling these claims must work closely with economic experts, medical specialists, and life-care planners to quantify losses accurately.
Hospital Responsibility and Systemic Failures
In many sepsis malpractice cases, liability extends beyond individual practitioners to include the hospital or health authority. Systemic failures, such as understaffing, inadequate triage procedures, or communication breakdowns, can be as damaging as individual errors.
Hospitals are expected to maintain infection-control programs, provide ongoing staff education, and implement rapid response protocols for sepsis recognition. When a facility fails to enforce these safeguards or when institutional policies contribute to delay, legal responsibility may rest with both the provider and the institution.
Prevention and the Duty of Care
The tragedy of maternal sepsis is that it is largely preventable. Routine infection control, early recognition, and timely intervention save lives. Obstetric and postpartum care teams have a duty to monitor patients closely, document observations accurately, and escalate care at the first sign of deterioration.
Preventive measures include administering prophylactic antibiotics during high-risk deliveries, ensuring sterile technique during procedures, and providing comprehensive discharge instructions. When these steps are neglected, the law recognizes a breach of the duty of care owed to the patient.
Seeking Guidance After Maternal Sepsis Occurs
Families affected by maternal sepsis often face confusion and unanswered questions. Medical records can be complex, and hospitals may not immediately disclose errors. Consulting an experienced medical malpractice lawyer is essential for understanding whether negligence occurred and what legal remedies are available.
A skilled lawyer will obtain and review medical records, consult expert witnesses, and determine whether the care provided met professional standards. In Alberta, malpractice claims must comply with the Limitations Act, meaning families generally have two years from the date they knew or ought to have known about the injury to start legal action. Early consultation ensures critical evidence, such as lab reports and clinical notes, is preserved.
For families navigating the aftermath of maternal sepsis, legal advice can provide not only a path to justice but also a sense of empowerment in an otherwise overwhelming situation. By demanding accountability, they help create a safer future for all mothers and newborns in Alberta.
Cuming & Gillespie LLP: Experienced Calgary Medical Malpractice Lawyers
If you or a loved one suffered complications or loss due to undiagnosed or untreated maternal sepsis, you deserve answers. Cuming & Gillespie LLP has extensive experience handling complex birth injury and postpartum negligence claims throughout Alberta. Our team of knowledgeable medical malpractice lawyers help determine what went wrong and pursue fair compensation for your family’s losses. To book a free consultation, please call (403) 571-0555 or contact us online.