Pre-Eclampsia Compensation Claims
Pre-eclampsia is a medical condition that some women suffer from during their pregnancy. It usually appears in the final four months of carrying the baby due to problems with the placenta. It can lead to high blood pressure, red blood cell complications and damage to other organs.
If medical professionals do not recognise the symptoms of pre-eclampsia promptly, it can lead to serious complications for the mother and baby. These include seizures, stillbirth, stroke and birth defects. As such, if you suffer from a late diagnosis or misdiagnosis of pre-eclampsia, you may be entitled to make a pre-eclampsia claim.
Call 0800 470 0474 for a free case assessment to determine whether you have a valid clinical negligence claim. Alternatively, you can request a callback by entering your details into our contact form.
What is Pre-Eclampsia?
Pre-eclampsia is a condition specific to pregnancy. It is characterised by the onset of high blood pressure, typically during the second half of pregnancy (around 20 weeks) or soon after delivering the baby. While most women only experience mild symptoms, severe cases of pre-eclampsia can be life-threatening for the mother and the baby.
While you might miss the symptoms of pre-eclampsia, medical professionals are expected to pick up on them during your routine antenatal appointments. Failure to diagnose or manage the condition adequately may entitle you to start a pre-eclampsia medical negligence claim.
What are the symptoms of Pre-Eclampsia?
Pre-eclampsia is not a rare birth complication, as it affects 1 in 20 pregnant women. However, the symptoms of the condition can sometimes be challenging to recognise, and some mothers are entirely unaware that there are any problems with their pregnancy. It is, therefore, vital that medical professionals monitor pregnant women closely, with a particular emphasis on blood pressure, to ensure that they diagnose the condition as quickly as possible where it occurs.
There are a number of symptoms that medical staff will look out for during their checks of pregnant women. Some of the most common signs of pre-eclampsia include:
- Swollen hands and face
- Higher levels of protein in your urine
- Liver function below expected levels
- Shortness of breath
- Feelings of nausea and ongoing vomiting
- Peeing less or not at all
- Heartburn that doesn’t go away with antacids
- Unbearable headaches
- Pain in the abdomen and below the ribs
- Vision problems, such as blurring or flashing lights
- High blood pressure
One of the most evident symptoms of pre-eclampsia is hypertension, more commonly known as high blood pressure. Medical professionals will be alerted by readings of 140/90 mm Hg (millimetres of mercury) or above on more than two occasions but at least four hours apart. Increases in blood pressure may develop slowly, but in most cases, they will be sudden. For this reason, you are encouraged to have regular checks and have any blood pressure concerns monitored often.
It is important to note that some cases of high blood pressure in pregnancy are typical and are no cause for alarm. Medical staff will be able to reassure you regarding the normality of levels and the potential to treat any conditions swiftly.
How is Pre-Eclampsia diagnosed?
Pre-eclampsia is easy to diagnose during routine checks. Blood pressure readings are required as part of the regular medical checks carried out on pregnant women, and the midwife is responsible for ensuring that readings are completed and recorded. If any reading is taken that is higher than usual, your doctor will notify you. In these cases, you will be referred for further tests at a hospital to determine whether there is an area for concern. These include:
- Urine tests to detect the presence of proteins in your pee
- Blood tests to assess liver and kidney function
- Foetal monitoring to check for signs of distress
Depending on the findings of tests carried out, treatment or a closer assessment may be needed. Failure to diagnose pre-eclampsia could lead to a medical negligence case.
Complications and risks of Pre-Eclampsia
Both the baby and the mother are at risk of injury when pre-eclampsia occurs. Therefore, it is imperative to assess the risk of developing pre-eclampsia and make a quick diagnosis. Some of the most severe health complications that are associated with the condition include:
Maternal risks and complications
- High blood pressure, which can damage blood vessels and organs, such as the liver, heart and kidneys;
- Placental abruption, where the lining of the placenta separates from the uterus before the child is delivered;
- Eclampsia, which involves seizures and can be life-threatening;
- Blood clotting issues;
- Stroke, which can lead to coma, brain damage and death;
- Haemolysis elevated liver enzymes (HELLP) syndrome. This life-threatening condition is related to pregnancy and must be diagnosed without hesitation to maximise the potential of a good prognosis.
Foetal risks and complications
- Oxygen deprivation to the child, which can cause foetal distress;
- Long-term developmental delays;
- A slower rate of growth in the womb, leading to a low birth weight and associated health problems;
- Neonatal respiratory distress syndrome;
- An increased risk of learning disabilities or cerebral palsy can be due to impacts on brain development;
- Early delivery complications. Premature babies are often weaker, sometimes less developed and have less ability to combat infections following birth;
- Pre-eclampsia can even be fatal, with an estimated 1,000 babies dying each year because of the condition.
If you or your baby suffered any complications due to substandard care, you may be eligible to claim pre-eclampsia compensation.
What causes Pre-Eclampsia?
Any pregnant mother can suffer from pre-eclampsia, but the exact cause of pre-eclampsia is not fully understood. There are some factors which increase the likelihood of the condition developing. They include:
- The age of the mother. There is an increased risk of the condition in mothers over the age of 40;
- A history of pre-eclampsia in previous pregnancies;
- The placenta is not developing correctly and not getting enough blood;
- Carrying more than one child;
- Having a medical problem such as diabetes, kidney disease or lupus;
- Lifestyle factors, such as obesity of the mother and poor diet;
- Smoking;
- Being at your first pregnancy;
- A family history of the condition;
- Having pregnancies very close together or too far apart (over ten years);
- If the pregnancy is with a different partner than a previous pregnancy.
If your doctor or midwife has failed to consider your risk factors and you were affected by pre-eclampsia, you may be eligible to make a claim for compensation.
What treatments are available for Pre-Eclampsia?
Unfortunately, there is no current cure for pre-eclampsia other than the delivery of the child. The condition is usually managed with dietary changes, bed rest or, at the very least, minimal strenuous activity on your part. Your doctor may also choose to prescribe medications such as:
- Anticonvulsants to prevent seizures if your condition is severe
- Corticosteroids to prevent respiratory distress syndrome in the foetus
- Medicine to lower your blood pressure
If the condition is particularly severe, a caesarean section may be arranged to minimise the ongoing risk to you and your child. If you received negligent care and treatment of pre-eclampsia during your pregnancy, you may be able to claim compensation for any resulting injuries.
Can I make a Pre-Eclampsia negligence claim?
If you have suffered avoidable harm due to medical negligence, you may be eligible to make a pre-eclampsia claim. For free legal advice, do not hesitate to contact us by calling 0800 470 0474 or using our claim form. An experienced solicitor will take on your case if they can prove the following:
- A duty of care is easy to prove, as all healthcare providers have a legal obligation to provide their patients with a certain standard of care. They must monitor for signs and symptoms of pre-eclampsia during pregnancy and take appropriate actions to manage and mitigate its risks.
- A breach of duty occurs when a medical professional fails to meet the established standard of care. This could include failure to diagnose, treat, or monitor pre-eclampsia.
- Causation is established when there is a direct link between the breach of duty and the harm suffered from pre-eclampsia, such as maternal health issues or birth injuries to the baby.
- Damages cover all the resulting losses, which can be subjective (pain, suffering and loss of amenities) or financial (such as long-term care costs, medical treatments or loss of earning capacity).
If these apply to you, a medical negligence solicitor can help you start a claim against the NHS or a private healthcare provider.
What types of negligence could lead to a Pre-eclampsia compensation claim?
It can be challenging to bring about a compensation claim against doctors following a pre-eclampsia misdiagnosis or injury. You will need to demonstrate that you or your baby suffered due to one or more of these types of negligence:
- Failure to refer the mother for further testing after a high blood pressure reading
- Failure to recognise symptoms and diagnose pre-eclampsia
- Late diagnosis of the condition
- Misdiagnosing your condition as another illness
- Having received ineffective advice and treatment
- Failure to deliver the baby promptly and safely
- Not arranging a caesarean section when necessary
Compensation may be available if you’ve experienced injuries or losses, be they physical, emotional, or financial, due to medical errors. Our partner solicitors are here to guide you and ensure you gather the necessary evidence and present it effectively to secure the highest possible settlement.
You are encouraged to begin your case as early as possible to ensure that you do not miss the relevant time limits and to maximise the availability of evidence.
What evidence do I need to support my pre-eclampsia claim?
Your solicitor will need various types of evidence to help you make a successful medical negligence compensation claim, such as:
- Documentation of all prenatal visits, including blood pressure readings, urine tests, and any symptoms you reported;
- Copies of laboratory tests, such as urine protein levels or liver function tests that might have indicated pre-eclampsia;
- Medical records that show the treatments you received to manage your condition and any complications suffered by you or your baby due to negligence on the part of your healthcare provider;
- Reports from medical experts who can attest that the standard of care was not met and explain how this caused your injury;
- Photographs or videos that show the impact of the condition on you or your child;
- Statements from you and your loved ones about the care you received and how the injuries you suffered have affected your life;
- You will also need financial records to prove all the losses and expenses you want to include in your pre-eclampsia negligence claim.
How long do I have to start a Pre-eclampsia medical negligence claim?
If you or your baby have suffered an injury due to substandard care, you have three years to start a claim from when you became aware of the negligence. Under the Limitation Act 1980, some exceptions may apply to this rule:
- Parents can make a child injury claim at any time before the child’s 18th birthday. Once they turn 18, children have three years to claim compensation themselves if nobody has acted on their behalf.
- If the mother cannot bring a claim due to PTSD, a severe brain injury or another condition, the time limit is put on hold. There is no time limit for a litigation friend to claim on her behalf.
- If a loved one has passed away due to severe pre-eclampsia complications, you have three years after their death to start a claim.
How much compensation could I claim for Pre-eclampsia?
The amount of compensation you deserve will be calculated based on the specific losses you incurred. These are grouped into two types of damages:
General damages include all the subjective effects of the pre-eclampsia negligence on your life, such as:
- Physical pain and suffering
- Emotional and psychological distress
- Physical and mental disability
- Scarring and disfigurement
- Reduced quality of life
- Loss of amenities such as the ability to take part in hobbies and other activities you once enjoyed
Special damages include financial losses and expenses related to the substandard care, such as:
- Expenses related to past and future medical care
- The cost of rehabilitation and therapy
- Lost wages and loss of earning capacity
- The cost of care and assistance with daily activities
- Travel expenses to and from medical appointments
- Modifications to your home or vehicle to accommodate a disability
- The cost of special medical equipment, such as mobility aids
General damages are awarded based on historical cases and the guidelines from the Judicial College. For example, you could receive up to £403,990 for a very severe brain injury suffered by the mother or baby.
Find out if you have a valid Pre-Eclampsia claim
To find out if you have a valid claim for medical negligence compensation, call 0800 470 0474 today or request a call back for a case assessment with a legal adviser. This service is provided entirely free of charge and without any obligation to proceed.
If you have a valid pre-eclampsia claim, you will receive a 100% no win no fee* service, which means you do not have to pay anything upfront, and you will not lose a single penny if your claim is unsuccessful. Furthermore, having a solicitor to fight on your side brings various other benefits, such as:
- They will know exactly how much your claim is worth
- They will be able to secure all the necessary evidence to support your claim
- They will offer you support and advice every step of the way
- They will handle all communication on your behalf so you can focus on your recovery and your baby.