Can I Sue an Illinois Doctor for a Botched Abortion?

 Posted on November 12, 2025 in Maternal Injuries

Abortion is a deeply personal and often painful decision. For many women, it is an act of medical necessity. It is seldom a choice made lightly. Unfortunately, even in professional medical settings, medical mistakes during abortion procedures happen. When those errors cause a woman harm, the experience can be devastating.

Illinois law in 2025 recognizes that every patient, regardless of the procedure involved, has the right to competent, safe medical care. When a doctor fails to provide that standard of care and a woman suffers injury as a result, she may have grounds for a medical malpractice claim. At Birth Injury Law Alliance, Ltd., our Chicago birth injury lawyer helps women pursue justice and compensation for injuries sustained during negligent or botched abortion procedures.

What is a Doctor’s Duty of Care in Abortion Procedures?

In Illinois, as in every other state, doctors, nurses, and other healthcare providers are legally required to uphold a certain standard of care. This means they must act with the same level of competence and caution that a reasonably skilled professional would use in similar circumstances. That standard applies to all types of medical procedures, including abortions.

Abortion providers are expected to understand each patient’s medical condition before, during, and after the procedure. This includes reviewing medical history, identifying risk factors, and ensuring that the patient receives appropriate aftercare. They are also expected to act in a medically responsible manner, including using appropriate medication for each patient as well as sterilized instruments. When a provider fails in any of these responsibilities, the results can be life-changing.

Some of the most serious injuries result from incomplete procedures, where fetal or placental tissue remains inside the uterus. This can lead to infection, hemorrhage, or scarring that affects future fertility. In other cases, mistakes in technique can cause uterine perforation or injury to surrounding organs, such as the bladder or intestines.

Whether the abortion was performed surgically or through medication, the physician is still responsible for the patient’s safety, including watching carefully for complications.

What is Medical Malpractice in Illinois?

Not every poor outcome qualifies as malpractice. Medicine involves risks, and complications do happen even when doctors act appropriately. To succeed in a malpractice suit, your attorney must make a compelling case that several things happened.

First, there must have been a doctor-patient relationship so that the provider owed the patient a duty of care. Second, the provider must have breached that duty by acting negligently or failing to meet the accepted medical standard. Third, the breach must have directly caused injury to the patient. Finally, the injury must have resulted in measurable damages, such as medical expenses, physical pain, infertility, or emotional trauma.

For example, if a doctor uses old or unclean equipment, does not do an ultrasound before the procedure, or does not make sure that all fetal tissue has been removed, these facts may indicate malpractice. Similarly, if anesthesia was given incorrectly or the patient was not monitored, a malpractice claim may be appropriate.

The Physical and Emotional Consequences of a Botched Abortion

The physical effects of a botched abortion can be severe. Common complications include:

• Uterine perforation, where surgical instruments puncture the uterus, leading to internal bleeding or injury to nearby organs.

• Infection or sepsis, resulting from retained tissue, poor sterilization, or delayed medical care.

• Cervical damage or scarring, which can affect future pregnancies.

• Hemorrhaging, sometimes requiring emergency surgery or blood transfusions.

• Infertility due to uterine scarring or fallopian tube damage.

The emotional impact can be equally significant. Many women already face stigma, fear, or shame related to an abortion. Suffering an injury on top of that trauma can lead to anxiety, depression, and post-traumatic stress. The law cannot erase those experiences, but it can provide a means of accountability and financial recovery.

Proving Negligence in an Abortion Injury Case

Medical malpractice cases are evidence-driven. Your attorney will begin by looking at your medical records. This will include everything from preoperative notes to discharge instructions and any follow-up treatment records. The goal is to identify exactly where the provider did not follow accepted standards of care.

Under Illinois law, a malpractice claim must also include a certificate of merit. This is a signed statement from a medical expert saying that there is a reasonable basis to believe negligence occurred. This requirement helps ensure that only valid claims proceed to court.

Your lawyer may work with medical experts who can explain how the abortion should have been performed, what went wrong, and how the injury could have been avoided. Expert testimony often plays a decisive role in establishing liability in these types of cases.

Legal Challenges and Privacy in Abortion-Related Claims

Abortion-related malpractice cases can be uniquely challenging. Social stigma and political debate often make women reluctant to come forward. However, Illinois law is clear: medical negligence is never acceptable, regardless of the procedure involved. Every patient deserves competent, respectful, and lawful care.

Unlike some states, Illinois continues to protect the right to abortion under the Reproductive Health Act (775 ILCS 55/), which recognizes reproductive healthcare as a fundamental right. That law ensures that women have access to abortion services and that healthcare providers performing abortions are held to the same professional standards as all other medical practitioners.

Filing a malpractice claim does not challenge the legality of abortion. It addresses the failure of a specific provider to perform the procedure safely and responsibly.

Recovering Compensation After an Abortion Injury

If you have been injured during or after an abortion due to medical negligence, you may be entitled to several forms of compensation under Illinois law. Damages typically include reimbursement for medical expenses, hospital stays, and any future procedures required to repair damage caused by the error.

You may also seek compensation for lost income if the injury prevented you from working. Depending on the case, you may also want to ask for damages for pain and suffering, emotional distress, and loss of fertility or enjoyment of life. In rare cases involving gross negligence or reckless disregard for patient safety, punitive damages may also be available to punish especially bad conduct.

Time Limits for Filing a Personal Injury Claim in Illinois

In Illinois, the statute of limitations for medical malpractice claims is generally two years from the date of injury or from the date you reasonably should have discovered the injury. Exceptions may apply for minors or in cases where the provider actively concealed the malpractice. Missing this deadline can permanently bar your right to compensation, which makes it essential to speak with a lawyer as soon as possible after discovering an injury.

Call a Chicago, IL Medical Malpractice Lawyer Today

If you were injured during or after an abortion procedure, you do not have to face the consequences alone. Legal action can provide both accountability and financial relief, helping you recover the resources you need to heal.

Contact Birth Injury Law Alliance, Ltd. today to speak with an experienced Cook County abortion injury attorney who understands the sensitive nature of your case. We offer free and confidential consultations and will handle your claim with the dignity and care it deserves. Call 312-462-4200.