This guide looks at when you could be entitled to claim for retained placenta negligence. We’ll help you understand what medical negligence is and how it could occur during the birth of a baby. In addition to this, we’ll discuss the evidence that may help support your case and explain the time limits you must consider before starting the claims process.
This guide will give you an idea of the eligibility criteria for claiming compensation. We’ll supply you with information about how settlement awards are calculated for successful claims. Finally, we’ll discuss how it could benefit your circumstances to work with a No Win No Fee solicitor when seeking compensation.
Our advisors are always on hand to help you further. Get in touch if you have any questions regarding your claim. You can:
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- When Are You Able To Claim For Retained Placenta Negligence?
- What Evidence Could Help You In Birth Injury Claims?
- Examples Of How Retained Placenta Negligence Could Happen
- Potential Birth Injury Compensation Amounts
- Use Our Panel Of No Win No Fee Medical Negligence Solicitors To Claim
- Learn More About Making Birth Injury Claims
Medical negligence occurs when a healthcare professional, such as a doctor or nurse, does not uphold the duty of care they owe their patients. All healthcare professionals owe their patients this duty of care. Therefore, if they provide treatment that falls below an acceptable standard and cause you unnecessary or avoidable harm, you may be eligible to claim for medical negligence.
Retained placenta complications can occur when some or all of the placenta remains in the womb following childbirth. This can cause issues such as bleeding that could threaten the health of the mother if it is not addressed by a medical professional.
If you have suffered due to retained placenta negligence, you may be eligible to claim. Contact our team of advisors if you have questions about the process of claiming for maternity negligence.
When claiming for the harm caused by retained placenta negligence, you must provide evidence that supports your claim and establishes that your health was adversely affected because of medical negligence.
The evidence you provide in support of your claim may differ depending on your exact circumstances. However, some examples could include:
- Medical records – You can request a copy of your medical records, which will provide information about the medical treatment you received.
- A written account – You can record the physical and psychological effects you experience after being harmed by inadequate medical care. A settlement award could compensate you for mental suffering as well as physical pain. Note any differences regarding your well-being before and after experiencing retained placenta negligence.
- Witness accounts – Record the contact details of anyone who was present at the time. They may be able to provide a statement about what occurred and how medical professionals acted.
For more information about evidence that could support a claim for medical negligence at birth, get in touch with our advisors. They may be able to put you in contact with one of the birth injury solicitors on our panel, who can help you gather supporting documents and statements.
In this section, we’ve provided a few examples of instances where problems could arise due to a retained placenta. For instance, you could experience:
- Surgical errors – A C-section gone wrong or a follow-up procedure to extract retained placenta may not be performed correctly.
- Failure to operate – Healthcare professionals could fail to spot a retained placenta despite there being clear signs of this kind of birth injury.
- Unnecessary treatment – A medical professional may carry out unnecessary medical treatment if they misdiagnose the retained placenta symptoms you are displaying.
Is There A Time Limit When Making Hospital Negligence Claims?
It’s stated in the Limitation Act 1980 that you have 3 years to begin a medical negligence claim. This time limit begins from the date of the incident that caused you harm. However, the date of knowledge might also be appropriate as the start of this time limit. Your date of knowledge is therefore the date at which you became aware medical negligence took place.
There are some exceptions to these time limits:
- Individuals under 18 – The time limit is suspended until they turn 18, at which point they have 3 years to begin a claim for medical negligence.
- Individuals with a reduced mental capacity – The time limit is suspended unless they gain the required capacity to begin a claim themselves.
The courts may appoint a litigation friend to claim on behalf of someone who cannot make their own claim. Speak to our advisors if you would like more information about exceptions to these time limits.
After successfully claiming for harm caused by retained placenta negligence, compensation can fall under two heads of claim. The amount awarded for your physical pain and mental suffering is known as general damages. Legal professionals calculate this figure in accordance with the level of suffering you have experienced.
Medical evidence is used to assist the valuation process. A publication known as the Judicial College Guidelines (JCG) can also be used to help assign a value to a claim. This document contains compensation brackets for different forms and severities of harm a person could experience. Solicitors will usually refer to this document when assessing general damages.
We’ve included some of the JCG’s entries in the table below. Due to your settlement being based on your personal circumstances, the compensation you could receive will differ.
|Female Reproductive System (a)
|Infertility inflicted by injury or disease. Accompanied by sexual dysfunction, scarring, and pain.
|£114,900 to £170,280
|Female Reproductive System (b)
|Sexual dysfunction that is likely to be permanent in an individual without children or who would not have had any.
|£43,010 to £102,100
|Total loss of natural bowel function accompanied by total loss of urinary function and other medical complications.
|Up to £184,200
|Function and control completely lost.
|Up to £140,660
|Serious impairment, with incontinence and some pain.
|£63,980 to £79,930
|Where a near-complete recovery occurs following long-term interference with function.
|£23,410 to £31,310
|Passive incontinence and faecal urgency following a birth injury requiring surgery. Source of distress and embarrassment.
|In the region of £79,920
Special Damages In Hospital Negligence Claims
If you’ve experienced retained placenta negligence, you may incur financial losses as a direct result. These could be reimbursed through a second head of claim called special damages.
Here are some examples of what could be included in a special damages payment:
- Medical costs – For instance, prescription medications and specific treatments for recovery.
- Loss of earnings – You may lose earnings because of the time you need to recover from negligent medical care.
- Other expenses –For example, you may have booked a holiday that you cannot attend. Special damages can help you recover the financial cost of this.
It’s important to keep receipts and any other financial documents that can support your claim for special damages. If you have any questions about how payouts for birth injury settlements are calculated, please do not hesitate to contact our advisors.
When looking for medical negligence solicitors to assist with your claim for retained placenta negligence, you might be worrying about the cost of paying them for the work they do. The solicitors on our panel can all work on a No Win No Fee basis.
Specifically, our panel of solicitors use a No Win No Fee arrangement called a Conditional Fee Agreement (CFA). Under these terms, you generally don’t have to pay for the solicitor’s services if your claim fails. Instead, they take a legally capped percentage of your settlement, but only if your claim succeeds.
If you want to learn more about claiming with a No Win No Fee medical negligence solicitor, speak to our advisors. By contacting our hotline, you can also receive free legal advice about the merits of your potential claim, so reach out today:
We have included some links below that may help you understand more about retained placenta negligence claims.
- Take a look at our guide on hospital medication errors.
- Information on how to use a medical negligence calculator.
- Another guide of ours – find out about what to do if you’ve been given an incorrect prescription.
- An article on the topic of medication errors.
- The Nursing and Midwifery Council (NMC) code of conduct.
- Contact the General Medical Council (GMC) if you’re concerned about a doctor’s conduct.
- Read about birth trauma.
Writer Dan Bloom
Publisher Fern Smith