Meet the lawyers we work with: Tracy Chick

Share:

Everything To Know About Claiming Retained Placenta Compensation

Experiencing complications after childbirth can be both physically and emotionally traumatic. If you have specifically suffered unnecessarily from a retained placenta because of substandard medical care, you may be asking yourself what your options are. Our guide will reveal how claiming retained placenta compensation can help your recovery as you navigate this distressing time.

Key Takeaways

  • You may be eligible to start a retained placenta compensation claim if you suffered unnecessary harm due to substandard medical care.
  • There are three main types of retained placenta – adherens, trapped and accreta, all of which can lead to serious harm if not properly managed.
  • Even if your birth was a vaginal delivery, you may still have a valid claim if negligence occurred during or after the third stage of labour.
  • Medical negligence compensation may cover the emotional, physical, and financial impact.
  • Claims can be made directly or on behalf of a loved one under a No Win No Fee agreement with our panel of solicitors.

For free advice and confidential guidance on the claims process, speak to our advisors today:

A sick pregnant woman lays on her side in pain in a hospital bed.

Jump To A Section

  1. What Are Retained Placenta Claims?
  2. Can I Claim For Retained Placenta Compensation?
  3. What Compensation Could I Get For Retained Placenta?
  4. The Common Causes Of Placenta Retention
  5. What Injuries Could Be Caused By A Retained Placenta?
  6. How Can I Make A Retained Placenta Compensation Claim?
  7. Get Free Advice From UK Law
  8. Learn More

What Are Retained Placenta Claims?

Retained placenta claims involve seeking compensation when a placenta fails to be fully delivered after childbirth and causes harm due to negligent care. This condition is known as retained placenta and may be classed as a medical emergency when not treated properly by healthcare professionals.

There are 3 main types of retained placenta:

  • Placenta Adherens: The uterine muscles fail to contract, preventing the placenta from detaching.
  • Trapped Placenta: Here, the placenta detaches but cannot exit due to a closed cervix.
  • Placenta Accreta: In this case, the placenta grows too deeply into the uterine wall and cannot detach naturally, often requiring emergency surgery.

Negligent care may occur if, for instance, medical professionals fail to take appropriate steps to identify symptoms of retained placenta, resulting in a delayed diagnosis and inadequate treatment. If this poor care causes otherwise avoidable suffering, you may be eligible to make a retained placenta negligence claim.

If you’ve experienced harm caused by retained placenta, speak with our advisors today for a free case assessment. Our advisors are here to help you understand your options for claiming retained placenta compensation.

Can I Claim For Retained Placenta Compensation?

You may be eligible to claim retained placenta compensation if you can prove that medical negligence occurred. All healthcare professionals, including those in the public sector and private providers, owe a duty of care to their patients. This obligation also extends to hospitals, GP practices, and other facilities. Essentially, it means the correct standard of care must be delivered to patients at all times.

To make a valid claim, you will need to meet certain eligibility criteria:

  1. You were owed a duty of care by a healthcare provider.
  2. That duty was breached through substandard medical care.
  3. You suffered avoidable harm due to that breach.

These 3 criteria might be met, for example, if you developed sepsis or needed a blood transfusion due to a medical professional failing to adequately monitor for retained placenta symptoms. Had they done so, you may not have suffered as you did, hence the term ‘avoidable harm.’

However, it’s important to remember that harm does not always result from substandard care. In some instances, it’s unavoidable, even when a patient is given the correct standard of medical care. 

We strongly recommend speaking with our advisory team for a free consultation to determine if you have an eligible claim for retained placenta compensation.

Can I Still Claim If I Had A Vaginal Delivery?

Yes, you can still make a retained placenta compensation claim if you had a vaginal delivery. Retained placenta negligence is not limited to caesarean births and can occur during any type of labour if the placenta fails to pass naturally and is not treated appropriately. What matters is whether the medical staff breached their duty of care and caused you unnecessary harm.

In some cases, active management is used to assist the placenta in being expelled. If medical professionals fail to monitor the third stage of labour properly or do not adequately respond to signs of a trapped placenta or placenta adherens, avoidable harm may result. That may include severe bleeding, infection, or long-term trauma.

Am I Able To Make A Claim On Behalf Of A Loved One?

Yes, you may be able to claim retained placenta compensation on behalf of a loved one if they are unable to do so for themselves. This is done through a role known as a litigation friend.

A litigation friend may be required if a loved one cannot pursue compensation independently of others due to being:

  • Under the age of 18.
  • The individual lacks the mental capacity to make their own decisions.

In such cases, you can represent their interests and help pursue a claim for them. You would need to perform various duties related to the case and do what you can to keep your loved one informed about the claim.

Families often contact our advisors when a loved one has suffered due to placenta medical negligence. If this is your situation, please reach out for compassionate and clear guidance on the next steps to take. Our advisors are here 24/7 and are always ready to provide a free, no-obligation case assessment.

What Compensation Could I Get For Retained Placenta?

If your retained placenta negligence claim is successful, you may be awarded general and special damages as part of your compensation. General damages compensate for the physical pain, psychological suffering, and overall impact on your quality of life. If that harm were to result in financial loss, it can be claimed for under special damages.

Several factors can influence the value of your general damages, such as:

  • The severity of the physical pain and discomfort caused by the harm.
  • How long your recovery takes and whether symptoms persist.
  • The emotional or psychological trauma you’ve experienced.
  • The extent to which your daily life or relationships have been affected.
  • Any long-term or future health issues.

The compensation paid out under general damages will vary from case to case. To help guide solicitors in their assessment of these damages, the Judicial College Guidelines (JCG) publishes a framework of suggested compensation brackets for a wide range of harm, including those relating to childbirth and psychological conditions.

Below is a table showing several brackets from the latest edition of the JCG, included here for guidance only. No compensation can be guaranteed, as all retained placenta negligence cases are different and must be assessed on their facts and evidence. The top row is also not from the JCG.

Type of harmSeverityGuideline compensation brackets
More than 1 type of severe harm with special damages (e.g. the cost of therapy)SevereUp to £500,000+
Female reproductive systemInfertility with sexual dysfunction, severe depression/anxiety pain, and scarring (a)£140,210 to £207,260
Sexual dysfunction (b)£52,490 to £124,620
Infertility with no aggravating features or sexual dysfunction (c)£68,440 to £87,070
Infertility with no medical complications or sexual dysfunction (d)£21,920 to £44,840
Infertility where claimant wouldn't have had any children (e)£8,060 to £22,800
Psychiatric damageSevere (a)£66,920 to £141,240
Moderately severe (b)£23,270 to £66,920
Moderate (c)£7,150 to £23,270

How Can Special Damages Be Applied To A Retained Placenta Claim?

Special damages can be applied to your retained placenta claim if you have evidence of any out-of-pocket expenses caused by the harm you experienced.

Examples of financial losses include:

  • Lost income from time off work, as well as future earnings
  • Cost of private medical treatment or therapy.
  • Travel for medical appointments, including the cost of petrol or bus fares.
  • Childcare if you required extra support with this.
  • Adaptations to the home or vehicle, if necessary. For instance, you may have been left with mobility needs that necessitated the installation of a walk-in shower.

You’ll need to provide evidence such as receipts, payslips, invoices, and bank statements to support your claim for special damages.

If you ever require assistance with proving a financial loss, one of the solicitors from our panel can help obtain and assess evidence on your behalf. Contact our advisory team now to learn how they can help you with the processing of recovering the financial losses that have resulted from your avoidable harm.

Bank notes and coins to represent retained placenta compensation.

The Common Causes Of Placenta Retention

Below, you will see some of the most common causes of retained placenta in situations involving substandard medical care:

  • Despite you presenting with clear symptoms of a retained placenta, including heavy bleeding and abdominal pain, the medical staff during your delivery failed to act on these signs. This delay in treatment led to you developing sepsis and requiring intensive care.
  • You were known to have risk factors for placenta accreta, but the antenatal team did not arrange the appropriate scans or surgical planning. As a result, you underwent an emergency hysterectomy following delivery, which could have been avoided.
  • Following your vaginal birth, the midwife noted that the placenta had not been delivered within the expected timeframe, but no effort was made to inform the obstetrician. This failure to alert them in a timely manner resulted in you suffering a severe infection.
  • You were given physiological management during the third stage of labour. However, despite warning signs indicating issues with the placenta, staff did not initiate active management. This lack of intervention caused you to lose a significant amount of blood, leaving you in need of a transfusion.
  • There was a delay in performing surgery to remove a trapped placenta due to poor communication between medical teams. As a result, you experienced long-term damage to your uterus, affecting your future fertility.

If you believe similar failings occurred in your care, you may have grounds to claim retained placenta compensation. Speak to our advisors today for a free review of your case and see if you could get started with a claim.

What Injuries Could Be Caused By A Retained Placenta?

A retained placenta can cause many injuries, including:

  • Sepsis or severe infection.
  • Heavy bleeding requiring a blood transfusion.
  • Uterine damage or need for further placenta surgery.
  • Psychological trauma from the birth experience.
  • Fertility issues or future pregnancy complications.

If you suffered any of the above due to negligent medical care, you could potentially claim compensation for a retained placenta. However, our advisors understand that every situation is different, so please reach out to share your own experience of harm. You can rest assured that all advice given is free and completely confidential.

How Can I Make A Retained Placenta Compensation Claim?

To make a retained placenta compensation claim, you must be able to prove that medical negligence occurred. Strong supporting evidence will be essential to establishing that you were on the receiving end of substandard medical care, leading to otherwise avoidable harm.

You may be asked to provide the following types of evidence:

  • Medical records showing your treatment history, including notes on the third stage of labour and postnatal care.
  • Witness contact details, such as family members or attending staff who can support your account. They may be asked by your solicitor to give a witness statement later on in the claims process.
  • Photographs or personal notes detailing your symptoms, physical effects or complications.
  • An independent medical assessment carried out by an expert to confirm the extent and severity of the harm you experienced.
  • Hospital complaint correspondence, including any response or findings.

If you connect with one of the specialist solicitors from our panel, they will be able to guide you through the process of proving a claim and help collect evidence on your behalf.

Time Limits For Retained Placenta Claims

In addition to gathering evidence, it’s vital to be aware of the time limits for beginning retained placenta claims. As established by the Limitation Act 1980, you typically have 3 years from the date the negligence occurred (or the point you became aware of it) to begin a claim for compensation.

There are exceptions for minors and mentally incapacitated adults. As highlighted earlier, neither group can claim for themselves, meaning time limits are paused unless:

  • A minor turns 18. While there is a pause on time limits, a litigation friend can step in to claim on a child’s behalf.
  • An individual regains their mental capacity, at which point time limits would take effect. Otherwise, there will be no time limit, allowing a litigation friend to represent them in a claim.

Speak to our advisors today to check if you’re within the retained placenta compensation claims time limit and see how to build a strong, evidence-backed case.

Get Free Advice From UK Law

You can get free advice from UK Law’s advisory team throughout the week. Our advisors work around the clock to provide tailored guidance to potential clients just like you. They understand that deciding to claim after a traumatic birth experience is never done lightly, which is why they always offer clear, honest, and compassionate advice from start to finish.

If eligible, you could be connected to one of the experienced medical negligence solicitors from our panel, who can handle your case under a No Win No Fee agreement. The specific type of No Win No Fee arrangement our panel offers is known as a Conditional Fee Agreement (CFA). While you work with a solicitor under a CFA, there are:

  • No upfront solicitor fees to begin your claim.
  • No ongoing solicitor fees to move your case forward.
  • No solicitor fees to pay if the retained placenta compensation claim fails.

Should your claim win, a success fee will be taken from your compensation. This is a capped percentage and is paid to your solicitor for the work they’ve done on your case. As it will be clearly explained to you before you proceed, there will be no surprises in store if your claim succeeds.

The CFA offered by our panel of solicitors ensures you get access to high-quality services regardless of your financial situation. Those services include:

  • Professional, expert representation during negotiations and case-related correspondence.
  • Help accessing specialist support from psychologists, occupational therapists, and more.
  • An independent medical assessment to help assess your harm and strengthen the evidence for your claim.
  • Consistent updates to keep you fully informed about the case.
  • Transparent, straightforward advice and clear answers to any questions you might have.

Contact Our Team

Whether you’re still recovering or are ready to start your claim, one of the dedicated solicitors from our expert panel is here to help you every step of the way. They work hard to take the strain out of pursuing retained placenta compensation and provide practical, honest advice tailored to your situation.

Start your journey today by contacting us now:

A panel of medical negligence solicitors sat on a desk with a gavel and document talking about retained placenta compensation claims.

Learn More

For further support on related topics, browse our other guides:

These other pages might also be useful for you:

If you’re ready to claim retained placenta compensation or you simply want more information about the process, please reach out to our advisory team today.

Meet The team