Retained placenta negligence claims

You may be entitled to make a retained placenta compensation claim if you suffered harm during childbirth as a result of medical negligence.

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Retained Placenta Claims

The placenta is an organ that develops during pregnancy and performs several vital functions to support the growing foetus. However, after the baby is delivered, it must be expelled from the uterus within 30 minutes to an hour. If part of the placenta remains in the womb, it can lead to a risk of severe bleeding, infection and other complications.

After delivery, medical professionals must continue to monitor the mother for problems such as a retained placenta and act quickly to resolve them. Failing to do so could have severe consequences and may lead to a retained placenta claim for compensation.

Medical negligence solicitors are experts in claims related to birth injuries, including those for retained placenta. If your case has merit, they will help you claim compensation on a no win no fee basis, so there is no financial risk to you if you lose. To find out if you are eligible to claim, call 0800 470 0474 today or use our online contact form to request a call back.

Find out if you can claim

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

What is the placenta?

The placenta is a vital organ that develops in the uterus when you get pregnant. It is attached to the uterine lining and connects to the foetus via the umbilical cord, which contains one vein and two arteries. The placenta plays an essential role in supporting the growth and development of the foetus by carrying several functions:

It transports nutrients such as glucose, amino acids and vitamins from the mother’s blood to the foetus;
It delivers oxygen from the mother to the foetus and removes carbon dioxide from the foetal blood;
It produces several hormones essential for the pregnancy, such as the human chorionic gonadotropin (hCG), progesterone, and oestrogen;
It removes waste products such as urea and bilirubin from the foetus;
It acts as a barrier to some infections and transfers maternal antibodies to the foetus, providing immune protection.

Shortly after the baby is born, the placenta should also detach from the uterine wall and be delivered in the third stage of labour.

What is a retained placenta, and what can cause it?

A retained placenta occurs when all or small parts of the placenta remain in the womb after childbirth. Usually, it is eliminated within 30 minutes to an hour after the baby is born. The placenta is considered retained if it is not expelled within this time frame. There are three types of retained placenta:

Placenta Adherens. The most common type is where the placenta remains loosely attached to the uterine wall due to weak uterine contractions.
Trapped Placenta. The placenta separates from the uterine wall but is trapped behind a closed cervix.
Placenta Accreta. The placenta is attached too deeply to the wall of the uterus, which makes its delivery more difficult.

Various factors can increase the risk that the placenta is retained, such as:

Weak uterine contractions after the baby is delivered
Having a stillbirth or premature birth
Being over 30 years old
Having a prolonged first or second stage of labour
The umbilical cord breaking during birth
Scarring from previous uterine surgery, such as a C-section or removal of fibroids
The use of medication to induce or augment labour

If your doctor has failed to monitor you after delivery or consider your risk factors closely, you could be entitled to retained placenta compensation.

Symptoms and possible complications of retained placenta

The most obvious sign of a retained placenta is not seeing it leave the body within an hour after delivery. However, if the healthcare professionals treating you fail to notice this, symptoms typically begin to show within a day after delivery and may include:

Heavy bleeding that persists
A fever, indicating a potential infection
Severe pain in the lower abdomen or pelvis
A foul-smelling vaginal discharge
Delayed milk production due to hormonal imbalances

If the placenta isn’t delivered, this can lead to several injuries and complications, which include:

Sepsis and other severe infections
Heavy bleeding that can be life-threatening and lead to shock and organ failure
Blood clots that can travel to the lungs or other body parts
Uterine scarring or Asherman syndrome, which can affect fertility and menstruation
Uterine rupture, which needs emergency surgery
The need to remove the uterus, which would lead to infertility
A higher risk for future pregnancy complications

If you suffered any harm due to a retained placenta, you could have a valid claim for medical negligence compensation.

What is the treatment for a retained placenta?

The treatment for retained placenta focuses on safely eliminating the retained tissue and preventing or managing complications. First, your doctor or midwife may suggest several methods to help it pass on its own, such as:

Help your womb contract by emptying your bladder
Breastfeed, which stimulates uterine contractions
Getting into an upright position

If you still do not eliminate it, treatment options include several different methods:

Taking medication that makes the uterus contract and deliver the placenta
Removing the placenta using delivery tools, which increases the risk of infection
Having emergency surgery to remove it or any remaining pieces
You may also receive antibiotics if there is any sign or increased risk of infection.

Timely and effective treatment of a retained placenta is crucial to prevent serious complications such as severe bleeding, infection, and long-term reproductive health issues. If your doctor has failed to provide the standard of care expected of them and you suffered an injury, you could be able to claim compensation for retained placenta.

Can I make a retained placenta negligence claim?

The easiest way to find out if you can sue for retained placenta is through a free consultation with a legal adviser. Before they accept your case, they will check whether:

The defendant in your case owed you a legal duty of care. This is straightforward to prove, as all healthcare professionals have a duty to follow established medical guidelines and take appropriate actions to prevent harm to patients.
The standard of care you received fell below the established standard (a breach of duty). This could involve failing to recognise risk factors, failing to administer oxytocin when necessary or delaying manual removal of the placenta.
You suffered an injury or illness directly due to the breach of duty (causation). Your solicitor will work with medical experts to prove that, had the standard of care been followed, the retained placenta and resulting injuries would likely have been prevented.
You incurred losses (damages) as a result. These refer to subjective losses, such as pain and suffering and financial losses for medical care and other related expenses.

If the above can be proven, your solicitor will help you start a retained placenta negligence claim.

Evidence you need to make a retained placenta compensation claim

In any clinical negligence claim, solicitors need relevant evidence to prove a breach of duty and the way in which this has affected your life. This evidence could be presented in several forms, including:

Copies of your maternity records that show any risk factors your doctor has identified and the care you received during pregnancy;
Detailed notes about the labour process, including the administration of medications like oxytocin, the timing of each stage of labour, and any interventions performed;
A copy of your ultrasound scans during pregnancy and after birth;
A copy of the medical records that show the type and severity of the injuries how you suffered due to medical negligence;
An assessment from a medical expert who can evaluate whether the care you received met the accepted standards and if the negligence directly caused your injury;
Statements from anyone who was with you and saw the care and treatments that you received;
Your account of the events, including the care you received, your symptoms, and the impact on your health and well-being;
Photographs or videos of visible injuries or complications resulting from the retained placenta or any remaining pieces;
Copies of any formal complaints you have made with the hospital or healthcare provider regarding your care;
You must also have invoices, receipts and other documents that prove the financial losses you want to include in your claim for retained placenta negligence.

Examples of negligence that could lead to a medical negligence claim

Sadly, a retained placenta cannot be 100% prevented, but there are some steps doctors can take to ensure you do not suffer any complications. For example, they can give you medicine to encourage the uterus to contract if you are at risk. If you have received substandard care and suffered an injury, you might be eligible to make a medical negligence claim. Some examples of why you could claim for retained placenta include:

A failure to assess your medical history and recognise risk factors;
A delay in treating a trapped placenta;
A failure to notice that the placenta has been retained;
Not performing timely surgery for removal of the placenta;
Suffering an injury during surgery to remove the placenta;
Having retained products following a caesarean section;
Misdiagnosis of your condition because the nurse falsely noted that the placenta was passed;
Inadequate use of oxytocin to induce labour;
Receiving the wrong medication to help pass the placenta;
A failure to perform manual removal of the placenta;
Not using ultrasound to assess and guide the removal of the placenta left behind.

These and other types of negligence can lead to a successful retained placenta compensation claim.

How long do I have to claim compensation for a retained placenta?

Generally, all personal injury claims have a three-year time limit. After this period, your case will become statute-barred, and you will lose your right to make a claim. For retained placenta compensation claims, the three years will start from:

The date you gave birth
The date your injuries were diagnosed

Your solicitor will need time to collect evidence and build your case, so you should start your claim as soon as possible. If the other side admits liability, you can also receive interim payments to cover any pressing financial needs, such as lost wages or the cost of medical treatments.

The time limit is put on hold if you cannot start a claim due to a severe injury or another condition. In this case, a loved one may be able to claim on your behalf as a litigation friend.

How much compensation can I claim for retained placenta negligence?

Each case is unique, and the amount of compensation for a retained placenta will depend on the level of pain and suffering (general damages) and the related financial losses and expenses (special damages) the negligence has caused you. Retained placenta compensation could cover the following:

Physical pain and suffering
Mental anguish and emotional distress
Loss of enjoyment of life
The impact of your injury on hobbies, family and social life
Lost wages due to longer recovery times
The cost of care and assistance while you recover
Travel expenses to and from medical appointments
Medical expenses like private treatments and prescriptions

Your solicitor will use the Judicial College guidelines to help value your claim and the award for general damages. For example, you could receive:

£6,600to £170,280 for infertility, depending on your age and the related psychological harm;
£23,410 to £31,310 for a bladder injury with near complete recovery;
Up to £184,200 for complete loss of urinary and bladder function
Up to £48,080 for a blood clot that has caused a pulmonary embolism and long-term breathing difficulties

Will I get a No Win No Fee service?

If you have a fair chance of success, the solicitors we work with will help you claim retained placenta compensation on a no win no fee basis. This agreement means that you do not have to pay any legal fees upfront, and if the case is lost, the financial risk is removed. Your solicitor will only receive a fee deducted from the compensation awarded if the claim is successful. This fee is capped at 25% of your settlement and is agreed upon from the beginning.

You will also have After the Event (ATE) insurance to cover legal costs if you lose the claim, such as:

Medical reports and expert witness fees
Court and counsel fees
Barrister fees if the claim is unsuccessful
The cost of paralegal and other staff
The defendant’s legal costs and solicitors

Knowing that you are financially protected if your claim is unsuccessful offers further peace of mind. Furthermore, you only pay for the cost of the ATE premium if you win compensation.

If you want to start a retained placenta claim, do not hesitate to call 0800 470 0474 or enter your details here for a free consultation with an experienced legal adviser.