Cases of retained placenta occur when all or part of your placenta stays in the uterus after you give birth. The condition often causes serious complications for the mother, including heavy bleeding, infections and other life-threatening situations if not treated promptly.
Sometimes, if a retained placenta is not managed properly by doctors and other medical staff, it would indicate medical malpractice; however, this depends on the specific circumstances of the situation.
When can you file a medical malpractice lawsuit?
To file a medical malpractice lawsuit for cases of a retained placenta it is necessary to establish specific legal elements.
These include:
- Duty of care: The medical professional in question had to owe a duty of care to the patient. Usually, the presence of a doctor-patient relationship establishes this.
- Breach of duty: It is also necessary to show the healthcare provider breached the duty of care. It may involve any of the following:
- Not monitoring the patient properly after giving birth
- Not removing all of the placenta
- Not addressing the retained placenta promptly
Proving harm from the retained placenta
Simply having a retained placenta is not enough to file a lawsuit. The patient must also demonstrate that they suffered harm as a result of the healthcare provider’s negligence. This harm could include physical injuries, such as infection or hemorrhaging, emotional distress or additional medical expenses incurred due to the failure to promptly treat the retained placenta.
If you were harmed because of a retained placenta, it is important to understand your rights and legal options. While it may be possible to file a medical malpractice lawsuit, consulting with a knowledgeable party who can evaluate your case based on the facts and situation is advisable.