Ben Crane, Partner, Coplan + Crane
There is an ongoing threat of maternal fatality that disproportionately affects Black women in Chicago.
As an attorney, I have litigated numerous maternal death cases that underscore the persistent and alarming risk faced by women of color.
In one case, a pregnant Black mother arrived at a Chicago hospital’s emergency department in an ambulance experiencing severe chest pain and shortness of breath. Her life-threatening diagnostic test results, which should have prompted immediate action to save her, were never reported to the young mother. Instead, she was discharged and died suddenly just days later. She left behind a grieving family, including young children.
This story is not just about the failure of a single hospital or a few medical professionals; it reflects a broader, alarming trend in the statistics.
Despite living in one of the most advanced cities in the world, Black women in Chicago have a maternal mortality rate that is nearly six times higher than white women. This gap is more than twice the national figure, where Black women experience a maternal mortality rate 2.6 times higher than white women, according to the CDC.
And this gap only widens as women age. Nationally, for Black women between the ages of 30 and 34, the pregnancy-related mortality rate jumps to four times higher than for white women in the same age group.
The Chicago Department of Public Health (CDPH) has taken a closer look at these disparities, particularly focusing on severe maternal morbidity. Their findings are grim: non-Hispanic Black women experience the highest rates of severe maternal health complications, with 120.8 deaths per 10,000 deliveries.
The 2023 Illinois Maternal Morbidity and Mortality Report is a culmination of the work of two IDPH committees: the Maternal Mortality Review Committee (MMRC), established in 2000, and the Maternal Mortality Review Committee for Violent Deaths (MMRC-V), established in 2015. The committees are comprised of experts who analyze maternal deaths and develop recommendations to prevent future deaths. According to the report, “discrimination, including structural racism, contributed to 39% of pregnancy-related deaths during 2018-2020.”
Access to healthcare is a crucial factor driving these disparities. An August 2024 report from the American Medical Association examining the effects of OB-GYN clinic closures on maternal and infant health in Chicago’s South and West sides found significant disparities in access to comprehensive maternal care. These areas have the highest concentration of low-access ZIP codes. Women living in communities facing high economic hardship experience the highest rates of severe maternal morbidity, with 91.5 cases per 10,000 deliveries.
According to a 2023 census report, 16.2% of Chicago’s population are women of color. These statistics serve as a reminder that the crisis is not happening in isolation; it affects a large, diverse portion of the population with a barrier to receiving proper healthcare.
Litigation can help lower the Black maternal death rate by holding healthcare providers and institutions accountable for negligence that contribute to poor maternal outcomes.
When healthcare providers face lawsuits for maternal deaths or injuries related to substandard care, it can lead to reforms within hospitals and clinics. A verdict or settlement in medical malpractice cases often forces hospitals to reevaluate their operations. For instance, a significant legal outcome can lead to the adoption of stricter safety measures, better patient care protocols, and initiatives aimed at reducing inequities in treatment.
Additionally, the visibility of such cases raises awareness about the Black maternal mortality crisis, encouraging policymakers to address gaps in healthcare delivery through regulations and funding for targeted maternal health programs. In this way, litigation not only provides justice and compensation for families but also drives changes that can reduce the maternal death rate for Black women.
According to the Illinois Department of Public Health, 91% of pregnancy-related deaths were potentially preventable due to clinical, social, community, or patient factors. Collaboration among healthcare providers, attorneys, policymakers, and communities is essential to identify and implement solutions that will reduce these preventable deaths and ensure that all women receive the care they deserve.
Addressing the Black maternal health crisis in Chicago requires urgent attention and a commitment to finding meaningful solutions. While the exact path forward may be complex, it’s one we must all take on.
It is time we listen, learn, and finally deliver on the promise of a healthcare system that serves everyone equally.
Ben Crane is a partner at the Chicago-based law firm Coplan + Crane. As a trial attorney, Ben represents plaintiffs in a variety of personal injury cases.
