Can You Sue for Retained Placenta?

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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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: [1]

  • 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).[1] 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: [1]

  • 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. [1]

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 CareWas there an appropriate doctor-patient relationship?
2. Breach of DutyDid your doctor perform poorly based on accepted standards of care?
3. CausationDid their medical lapses directly cause you harm?
4. DamagesWhat did the injury cost you (financially, emotionally, etc.)?

Potential Long-Term Complications

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.

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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.

Speak to a Medical Malpractice Lawyer Today

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.

Last Updated on 
November 19, 2024
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