By Jo Anderson. Last Updated 2nd January 2024. The failings of a medical professional in respect of a retained placenta after giving birth can cause serious harm. In some cases, it can cause life-threatening blood loss or infections. In this guide, we explore your legal rights to claim retained placenta compensation.
We also take you through our medical negligence claims service and how our solicitors can help you on a No Win No Fee basis.
If you’d like to pursue a No Win No Fee compensation claim, you can reach out to us by:
- Calling 0800 073 8801
- Writing to us about your claim online
- Or speak with us now via our live chat box
Select A Section
- What Is A Retained Placenta And Can I Claim Compensation?
- Why Do Retained Placentas Happen?
- About The Retained Placement Compensation Claims Process
- Evidence That Can Support A Retained Placenta Claim
- Examples Of Retained Placenta Compensation Payouts
- Make A No Win No Fee Claim For A Retained Placenta
- Learn More About Claiming Retained Placenta Compensation
Once you’ve given birth, the placenta needs to be removed from your body. This can happen naturally, or you may be given drugs to speed up the process. If you have had a Caesarean section, the placenta would be removed as part of the surgery.
It is essential that the placenta is completely removed from the body. Should a placenta, or even part of a placenta, be left in the uterus after birth, it could lead to heavy bleeding, infection and other complications. It is the responsibility of medical professionals attending the birth to ensure the placenta is not retained. Should they fail you in this regard, you may be wondering whether you could claim compensation.
All medical professionals owe their patients a duty of care, which means that the treatment they provide must meet a minimum standard of care. To be eligible to make a medical negligence claim, you would need to prove that the duty of care owed to you had been breached. You’d also need to demonstrate that this led to you suffering avoidable harm.
Should you wish to learn more about making a retained placenta compensation claim, our team could assist you. Please contact an advisor, and they will check whether you could be eligible to claim.
Is There A Time Limit To Claim Retained Placenta Compensation?
If you are eligible to make a medical negligence claim after your placenta was left in after birth, you must also be aware of the time limit in which you have to start proceedings.
Generally, you have three years to start your claim from the date you suffered harm, as stated under the Limitation Act 1980. Alternatively, you may have three years to start your claim from the date of knowledge. This is the date you first connected the harm you suffered with negligence.
However, there may be some exceptions to this three-year time limit. For example, for those under the age of 18, the time limit is paused. From their 18th birthday, they will have three years to start a claim. However, a litigation friend could make a claim on their behalf before this date.
To find out if you could be eligible to make a medical negligence claim for a placenta left in your uterus, you can contact our advisors. They can also inform you of the other exceptions to the three-year time limit.
Retained placentas happen for several reasons – it could be natural, due to the uterus not contracting well enough or because the placenta has grown in a certain manner, or it could be because a mistake was made or through medical negligence. In either method of birth, the placenta should be checked by a medical professional such as a midwife or doctor to ensure that it has completely been removed from the body.
It is the responsibility of the medical staff that are taking care of you to ensure that the placenta is fully delivered. They would be aware of all of the risks that could be present should your placenta not be delivered completely, and if they do not follow the required procedures for delivering and checking the placenta, or they fail to act quickly enough once the condition has been spotted. You could look into whether it would be possible for you to launch a medical negligence claim.
The process of a personal injury claim could differ depending on the circumstances. However, it will generally be the same.
Some of the steps involved include:
- Gathering evidence to support your claim. The more you can acquire, the better.
- Seeking legal advice. Whilst it’s not a requirement, when making a claim for a birth injury, solicitors can help make the process easier. They can assist with all aspects of your claim.
- As part of your claim, you will be asked to attend an assessment with an independent medical expert. This will enable you to prove that the injuries suffered were caused by medical negligence. It also allows your solicitor to value your claim accurately.
- Negotiations. Your No Win No Fee solicitor will do all they can to negotiate a settlement once they’ve presented medical evidence. Sometimes defendants settle, sometimes they conduct further investigations.
If you want to find out more about the process of making birth injury claims, get in touch with our advisors today.
If you are eligible to make a retained placenta compensation claim, you will need to provide evidence that proves you suffered unnecessary harm due to a medical professional breaching their duty of care. Some examples of evidence you could collect to help support your case include:
- Your medical records – These could give a record of the treatment you’ve received and your symptoms.
- Copies of scans and tests – These could include x-rays, MRI scans and blood tests, for example.
- Witness details – If anyone witnessed the treatment you received or was in attendance at appointments, it would be a good idea to take their contact details. That way, they could be approached for a statement at a later date.
- Financial documentation – If you have any financial documents that prove you’ve suffered financial loss or expense due to the injury you suffered, this could be useful. For example, payslips that show any lost income.
To learn more about what evidence could be useful in a retained placenta negligence claim or for a free valuation of how much compensation for a retained placenta you could potentially receive, please contact an advisor.
Regarding a personal injury claims calculator, it would be difficult to predict how much of a compensation payout you would receive. Still, we have used the Judicial College Guidelines to give some idea of the levels of compensation that could apply in this case. Should you wish to know more about the level of award you could be looking at with this type of medical negligence claim, then a medical negligence solicitor should assist. Below are some figures which you may wish to consider ahead of filing placenta negligence claims.
|Guideline Payment Bracket
|Multiple severe injuries with financial costs and losses.
|Up to £1,000,000+
|A combination of severe injuries resulting in pain and suffering as well as financial costs, such as care costs or loss of income.
|Bladder damage (a)
|Up to £184,200
|Total double incontinence with complications.
|Bladder damage (b)
|Up to £140,660
|Complete loss of control and of function.
|Bladder damage (c)
|£63,980 to £79,930
|Serious control impairment with incontinence and pain.
|£114,900 to £170,280
|Caused by injury or disease, with scarring and depression
|£56,080 to £71,350
|With no impact on sexual function.
|Bowel damage (b)
|Up to £150,110
|Complete loss of function with dependence on colostomy.
When claiming for retained placentas, the above amounts could apply in some cases, but there are also other payouts in terms of special damages that you could potentially claim for. For example, you might have required care at home after this happened to you, and the costs of this could be claimed for by the person that provided that care. As well as this, you may have lost income if you were intending on returning straight to work after your delivery. If you have been prevented from working by PTSD or physical symptoms, this could lead to a claim for lost income as well as a payment for your injuries themselves. In addition, medical and travel costs could be covered.
If you or your baby has suffered injury or ill health because of medical negligence at birth, birth injury solicitors could potentially assist you with a claim. They could help you with putting together all the evidence needed for a birth negligence claim and organising an independent medical assessment.
Our birth injury solicitors could potentially work with you on a No Win No Fee basis. This means they would typically not require any upfront payment to help you with your claim.
If they offer you a Conditional Fee Agreement, which is a type of No Win No Fee, your solicitor would deduct a success fee from your compensation amount. In accordance with the Conditional Fee Agreements Order 2013, it is capped. If your claim does not succeed, you will not be required to pay your solicitor.
Make A Free Claim Enquiry Today
If you believe you have cause for a retained placenta medical negligence claim, then it does not cost you a penny to call us. We could give our honest opinion on whether you have a case for medical malpractice. We will listen to all the details of your case and then work out whether we feel you could have a claim. If we feel you do and you wish to begin a claim, then we could provide you with a personal injury solicitor. They could fight your claim for you.
The solicitor in question would work on No Win No Fee, meaning that you would not be required to fund your claim upfront. If you’re interested in learning more or would like a free telephone consultation with our advisors, call 0800 073 8801, email email@example.com, or fill out the form on our contact page, and we’ll call you. There’s no better time to get in touch to find out if you could have a medical negligence claim.
Below, you can find more guidance both from the NHS and from our experts. You may find it useful reading material if you’re considering claiming compensation.
- Learn all about medical negligence claims here
- Learn everything you need to know about birth injury claims here
- This guide talks you through stillbirth claims
- Check out our birth injury compensation calculator here
- Learn all about Cerebral Palsy claims here
Thank you for reading our guide on retained placenta medical negligence compensation claims. We hope you’ve found this placenta negligence claims guide useful. But please get in touch if you have any questions about claims for a placenta left in after birth.