Can You Sue for Retained Placenta?

You may have a valid medical malpractice claim for a retained placenta if:

• Medical staff failed to properly diagnose or remove the placenta (or retained products of conception) when the standard of care required it
• The condition led to serious complications such as major hemorrhage, infection, or sepsis that could have been prevented with timely, appropriate care
• Treatment was delayed or inadequate after signs of retained tissue became apparent (e.g., persistent bleeding, fever, or foul discharge)
• The negligent care caused a direct, foreseeable harm (e.g., hysterectomy, permanent uterine damage, or infertility) that would not have occurred with proper management
• You suffered significant damages (medical bills, lost income, pain and suffering, and emotional trauma)

Patients may be eligible to sue medical providers for any injuries arising from mismanaged incidences of placental retention. This is a complication that may arise after vaginal delivery. Further complications may be mitigated through proper medical acknowledgment and planning.

Injured mothers are entitled to legal compensations, brought forth through medical malpractice claims.

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Medical explanation in plain English

A retained placenta (also called "retained products of conception," or RPOC) means that all or part of the placenta or fetal membranes stay inside the uterus after the baby is born.

How it normally happens

In the third stage of labor, the uterus should contract and separate the placenta so it can be gently removed. If the placenta hasn't delivered within about 30 minutes, doctors typically diagnose a "retained placenta."

How it's supposed to be treated

Active management (oxytocin, controlled cord traction, and uterine massage) is recommended to help the placenta come out. If the placenta remains, the usual treatment is manual removal of the placenta under adequate analgesia, often in the operating room, followed by antibiotics to prevent infection. If pieces of placenta are left behind, they are typically removed either surgically (D&C) or, in some cases, with expectant management in selected patients (with close follow-up).

What goes wrong when it's mismanaged

The placenta or tissue is not recognized as retained (for example, the provider assumes the placenta was complete when it wasn't). Follow-up ultrasounds or exams are not ordered despite ongoing bleeding or pain. When RPOC is found, removal is delayed or done improperly, leading to uterine injury, massive bleeding, or serious infection.

What are Retained Placentas?

Placentas are diagnosed as retained when they don't naturally deliver within 18 to 60 minutes of vaginal birth. Excessive bleeding after delivery is an indicator of this complication. The three main causes of retained placentas are:

• Weak uterine contractions failing to push the placenta
• A placenta grows too deeply into the uterus
• The cervix closes too early and traps the placenta in

This complication occurs in about 1% to 3% of births. Placentas are more likely to be retained in premature births (for deliveries with less than 37 weeks of gestation). Doctors can properly preempt this condition through proper maternal counsel. Should the complication arise despite proper counseling, medical teams must respond properly to avoid maternal injuries.

Associated Risk Factors

Besides preterm deliveries, several other risk factors have been associated with placental retention. Medical providers must acknowledge these risk factors and work around them.

Risk factors associated with placental retention include:

• Excessive exposure to oxytocin
• Multiple previous births
• Previous uterine surgery
• In-vitro fertilization (IVF)
• Prior retained placenta
• Abnormal uterus shape

Proper pain management is crucial in retained placenta removal. Preventive antibiotics should also be considered to avoid infections. In cases where there is severe bleeding, a blood transfusion must be administered; and proper tools (i.e. vacuums and balloons) must be utilized.

When retained placenta becomes medical malpractice

A retained placenta becomes a potential malpractice case when the obstetric team fails to meet the accepted standard of care, and that failure causes harm. Common negligent scenarios include:

Failure to diagnose retained placenta/RPOC

Dismissing ongoing postpartum bleeding, pain, or fever as "normal" when imaging or examination shows retained tissue.

Failure to remove the placenta safely and promptly

Delaying manual removal or D&C in the face of hemorrhage or infection.

Improper removal technique

Using excessive force or inadequate technique during manual removal, causing uterine perforation, severe hemorrhage, or damage to nearby organs.

Failure to monitor and treat complications

Ignoring signs of infection (fever, foul odor, pelvic pain) or shock (rapid heart rate, low blood pressure) after delivery, instead of admitting or treating promptly.

Whether the placenta was morbidly adherent (accreta, increta, percreta) matters for the specific standard of care, but the core question is whether the provider's actions and decisions met the standard for a patient with that presentation.

How Can a Malpractice Case be Established?

A negligent medical team puts mothers at risk. Some professional lapses that may lead to further complications include:

• Failure to properly monitor the mother
• Improper oxytocin management
• Failure to address apparent risk factors
• Inadequate pre-delivery assessment
• Improper delivery
• Poor communication among the medical staff
• Delayed response to signs of placental retention

These are only some potential grounds for your medical malpractice case. Also, note that legal teams need to establish four key elements to justify a claim. They are:

1. Duty of Care - Was there an appropriate doctor-patient relationship?
2. Breach of Duty - Did your doctor perform poorly based on accepted standards of care?
3. Causation - Did their medical lapses directly cause you harm?
4. Damages - What did the injury cost you (financially, emotionally, etc.)?

Common complications and long-term harm

A mismanaged retained placenta can lead to serious short- and long-term complications that support a malpractice claim.

Acute complications

• Life-threatening hemorrhage requiring transfusion, intensive care, and emergency surgery
• Infection (endometritis) progressing to sepsis, multi-organ failure, or death
• Uterine perforation or injury to bowel or bladder during placental removal

Chronic and long-term harm

• Need for hysterectomy (removal of the uterus), resulting in loss of fertility and permanent hormonal and sexual health changes
• Infertility or difficulty conceiving due to uterine scarring (Asherman's syndrome) or tubal damage from infection
• Chronic pelvic pain, adhesions, and increased risk of complications in future pregnancies (e.g., preterm birth, abnormal placentation)
• PTSD, anxiety, and depression related to a traumatic birth, hemorrhage, or loss of fertility

These harms are compensable when they result from a failure to meet the standard of obstetric care.

If mismanaged, incidences of placental retention may lead to life-altering adverse side effects. Severely injured individuals are of course entitled to more financial compensation. Long-term side effects of mismanaged cases include:

• Reduced reproductive capacity
• Compromised future pregnancies
• Chronic pains
• Recurring infections
• Pituitary damage
• Psychological trauma

All medical expenses (past and future) are considered in a medical malpractice claim. In birth injury cases, compensation ensures that an injured child is provided with all the necessary support for their growth and development. Injured mothers must also be allowed to return to their healthiest state.

What you must prove and what records to collect

To succeed in a retained placenta malpractice case in New York, you must prove the elements of medical malpractice, supported by expert testimony and the medical record.

What you must prove

Duty of care

A doctor-patient relationship existed; the provider(s) owed a duty to manage the third stage and postpartum period according to the standard of care for a similar facility and risk profile.

Breach of standard of care

The provider(s) failed to act as a reasonably competent obstetrician, midwife, or hospital team would have under similar circumstances, for example by:

• Failing to recognize and diagnose a retained placenta/RPOC
• Failing to perform timely manual removal or D&C
• Using an improper or overly aggressive technique that caused avoidable injury
• Failing to order imaging or to monitor for complications like hemorrhage or infection

Causation

The breach proximately caused the plaintiff's specific injuries (e.g., massive hemorrhage, sepsis, hysterectomy, or permanent uterine damage). The harm would not have occurred, or would have been significantly less severe, if the standard of care had been followed.

Damages

The patient suffered:

• Additional medical treatment (surgeries, hospitalizations, transfusions, medications, therapy)
• Lost income and impaired earning capacity
• Physical pain, emotional distress, and loss of enjoyment of life, including loss of fertility and sexual health

What records matter most

For a strong retained placenta claim, obtain and preserve:

Delivery and postpartum records

Intrapartum notes (time of delivery, management of the third stage, any manual removal or D&C). Postpartum notes (complaints of bleeding, pain, fever, vital signs, and nursing assessments).

Imaging and pathology

Ultrasound or MRI reports showing retained tissue or ongoing collection. Pathology reports on any removed tissue (products of conception, endometrial curettage, or hysterectomy specimen).

Surgical and operative notes

Operative reports for manual removal, D&C, or any emergency surgery (e.g., hysterectomy, repair of perforation, or ligation for hemorrhage).

Laboratory and treatment records

Hemoglobin and platelet levels, blood cultures, sepsis markers, and transfusion records. Antibiotic and blood product administration logs.

Emergency and follow-up care

ER records and hospital admissions for postpartum hemorrhage, infection, or sepsis. Follow-up notes from gynecology, infectious disease, or mental health if long-term sequelae exist.

Supporting documents

Wage records and employer letters showing time off work and lost income. Therapy bills and mental health records documenting PTSD or depression related to the event.

Compensation for Retained Placenta

Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins.

According to the National Practitioner Data Bank, in 2023, medical malpractice cases were settled at about $420,631 on average. During the same period, medical malpractice cases in New York were settled at about $492,476 on average.

Frequently Asked Questions

How much compensation for a retained placenta?

There is no fixed amount; compensation depends on the severity of harm, future needs, and jurisdiction. For a mismanaged retained placenta, strong claims may include:

Economic damages

Past and future medical expenses (surgeries, hospitalizations, transfusions, therapy). Lost wages and reduced earning capacity (e.g., extended recovery or early retirement due to chronic pain or disability).

Non-economic damages

Pain and suffering from hemorrhage, multiple surgeries, and recovery. Emotional distress, anxiety, and PTSD related to the traumatic delivery and complications. Loss of fertility, sexual function, and ability to bear more children.

In cases with hysterectomy and permanent infertility, compensation can reach hundreds of thousands of dollars in New York; the exact value requires a detailed review of records and expert estimates.

Can you sue the Hospital for retained placenta?

Yes, if the negligence occurred under the hospital's care, a patient can bring a clinical negligence claim against against them. To have a viable claim, three elements must be shown:

• A healthcare professional (doctor, midwife, or nurse) owed a duty of care
• That professional breached that duty by failing to meet the standard of care (e.g., not diagnosing or treating retained placenta)
• The breach caused avoidable harm (e.g., hemorrhage, infection, hysterectomy, or infertility)

Claims are typically brought by the injured woman (or by a parent/guardian if the baby was harmed) and must comply with statute of limitation rules and evidence requirements.

What complications can a retained placenta cause?

A retained placenta can lead to serious and sometimes life-threatening complications, including:

Hemorrhage

Primary or secondary postpartum hemorrhage, requiring transfusion, ICU care, and emergency surgery.

Infection and sepsis

Endometritis, pelvic abscess, or sepsis requiring prolonged antibiotics, drainage, or intensive care.

Uterine and organ damage

Uterine atony, perforation, or injury to bowel or bladder during placental removal.

Fertility and gynecologic impact

Asherman's syndrome (intrauterine adhesions), infertility, or chronic pelvic pain.

Psychological harm

PTSD, depression, and anxiety related to blood loss, emergency surgery, or loss of fertility.

These complications are the basis for a malpractice claim when they result from substandard care.

What evidence do I need for a retained placenta claim?

Key evidence for a retained placenta malpractice claim includes:

Medical records

Obstetric, delivery, and postpartum notes, imaging reports, and pathology findings.

Surgical reports

Operative notes for manual removal, D&C, or any related surgery (e.g., hysterectomy or repair).

Laboratory and treatment records

Hemoglobin, infection markers, transfusion records, and antibiotic administration logs.

Witness statements

From partners, family members, or hospital staff who can describe symptoms, concerns, and delays in care.

Expert opinion

A qualified obstetrician or gynecologist must review the records and confirm that the care fell below the standard and caused the harm.

Collecting complete records early is critical, because hospitals routinely retain records for only a limited time.

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

The general medical malpractice statute of limitations is 2.5 years (30 months) from the date of the negligent act or last date of treatment related to that condition. If the negligence occurred at birth and the mother remains under the same provider's care for the condition, the "continuous treatment doctrine" may extend the deadline until treatment ends. For a birth injury harming a baby, the claim typically must be filed by the child's 10th birthday, but the 2.5-year adult rule still applies once the child turns 18. New York also requires a Certificate of Merit from a qualified expert within 90 days after the lawsuit is filed.

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At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis - meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.