California Preeclampsia Lawyers
Preeclampsia is a dangerous condition that may develop during the second or third trimester of pregnancy. If a doctor fails to provide prompt medical intervention when this condition develops, it can lead to more serious conditions, including death of the mother, fetus, or both. Failure by a doctor to take this condition seriously is a form of medical malpractice.
Preeclampsia develops in approximately one of every 25 pregnancies, according to the Centers for Disease Control and Prevention. Health care providers owe expectant mothers a duty to monitor the pregnancy and take prompt action should this condition develop.
Failure to diagnose or provide appropriate intervention for this condition may constitute medical malpractice when the mother or fetus is harmed. A California birth injury lawyer from Cutter Law can help parents get justice for the harm they face because of their doctor’s negligence.
Quick Links
- Our California Preeclampsia Lawyers Are Here For You
- What is preeclampsia?
- What causes preeclampsia?
- How is preeclampsia treated?
- How long does preeclampsia last?
- Can preeclampsia be prevented?
- Is my doctor liable for the complications caused by my preeclampsia?
- When should I contact a California birth injury lawyer?
- How much compensation can I recover for my preeclampsia case?
- What if preeclampsia complications were fatal to the mother or child?
- How can an attorney help me with my California preeclampsia lawsuit?
- Can I afford a California preeclampsia lawyer?
Our California Preeclampsia Lawyers Are Here For You
The attorneys at Cutter Law have more than 130 years of combined legal experience, and we have recovered hundreds of millions of dollars on behalf of our worthy clients.
We are nationally recognized lawyers who have earned numerous local, state, and national honors, including the following:
- Best of the Bar
- Northern California Super Lawyers
- National Super Lawyers
- Advocate of the Year
- Martindale-Hubbell AV-Preeminent Rating
We are a family-owned and operated law firm that cares about our clients. Our satisfied clients attest to this in the feedback we regularly receive.
If you or your loved ones have suffered injuries because of a health care provider’s negligent management of preeclampsia, you deserve to be compensated. Time is of the essence. Contact Cutter Law today for your free consultation.
What is preeclampsia?
Preeclampsia is characterized by high blood pressure and signs of kidney or liver damage and typically develops after the 20th week of pregnancy. Preeclampsia may turn into eclampsia without intervention. Eclampsia is the onset of seizures and/or a coma during pregnancy or birth.
In addition to the potential progression to eclampsia, preeclampsia can lead to the following complications:
- Bleeding
- Stunted fetal growth
- Separation of the placenta from the uterus
- Rupture of the liver
- Stroke
- Death
What causes preeclampsia?
The causes of preeclampsia are not completely understood. The condition is believed to start in the placenta. Autoimmune disorders, diet, and genetics may play a role. Women with the following factors face a higher-than-average risk of developing preeclampsia:
- Pregnancy with twins
- First pregnancy
- Family or personal history of eclampsia
- Obesity
- Maternal age of 35 or older
- African American heritage
- Diabetes
- Thyroid disease
- History of high blood pressure
- History of kidney disease
How is preeclampsia treated?
The most effective treatment for preeclampsia is the birth of the baby. This will almost always be recommended if you have reached 37 weeks in your pregnancy. If your case is mild, the doctor may allow you to manage the condition at home with close monitoring until the fetus becomes viable. Blood pressure medication may be prescribed.
In some cases, hospitalization is recommended to facilitate closer monitoring while the fetus matures. In-hospital treatment may include blood pressure and anti-seizure medications. If your fetus is younger than 34 weeks, your health care providers may inject steroids to hasten the development of the fetus’ lungs.
This will allow your provider to deliver the baby as soon as possible if the preeclampsia increases in severity, which can happen quickly. If you develop severe symptoms, the condition becomes life-threatening and an emergency delivery will be necessary. These symptoms include the following:
- Testing shows a delay in fetal growth
- Your diastolic blood pressure reaches 110 mm Hg
- Abnormal liver tests
- Abdominal pain
- Eclampsia
- Abdominal pain
- Changes in urine
How long does preeclampsia last?
Preeclampsia typically resolves about six weeks after the birth of the baby. In some cases, the symptoms worsen during the first few days. Postpartum eclampsia carries a higher risk for maternal death, so the need for close medical monitoring is critical during the postpartum period until the condition resolves.
Can preeclampsia be prevented?
Preeclampsia generally cannot be prevented. However, a study published by the JAMA Network found that low-dose aspirin taken in early pregnancy may reduce the risk of developing eclampsia. However, this should not be tried without your doctor’s consent.
Is my doctor liable for the complications caused by my preeclampsia?
Your health care providers may be liable for your complications if you can show that you were injured because of your doctor’s negligence. A doctor has a responsibility to diagnose and properly manage preeclampsia.
The Reasonable Standard of Care
Health care providers in California have a legal duty to provide a reasonable standard of care. This means a doctor must provide the level of care that a prudent provider would reasonably be expected to provide given the circumstances.
If a doctor fails to provide a reasonable standard of care, and that failure results in injuries, you may have a case for medical malpractice. Medical malpractice may occur during the pregnancy or childbirth. This may include the following forms of negligence:
- Failure to diagnose preeclampsia
- Failure to monitor preeclampsia
- Failure to provide prompt medical intervention upon diagnosis
- Incompetent treatment
- Medication errors
- Failure to promptly deliver the baby
- Errors during the birthing process
The symptoms of preeclampsia are frequently seen outside of pregnancy in less serious conditions. As a result, some practitioners fail to take preeclampsia seriously. Maternity wards are sometimes understaffed, which could incentivize practitioners to delay delivery of the child.
In either case, the results can be tragic. A worsening case of preeclampsia is a medical emergency that often requires immediate delivery of the child, regardless of the non-medical circumstances.
Who else may be liable?
Your entire health care team has a legal duty to provide a reasonable standard of care. This includes the following:
- Doctors
- Nurses
- Midwives
- Pharmacists
- Hospitals
When should I contact a California birth injury lawyer?
The sooner you contact a preeclampsia lawyer in California, the more likely your attorney will be able to build a strong case before the filing deadline. In most medical malpractice cases in California, the filing deadline is one year from the date of your injury. In extenuating circumstances, this can be extended to three years.
Regardless of the statute of limitations, early lawyer involvement affords your attorney access to evidence before it degrades or disappears. This can be critical to your case.
How much compensation can I recover for my preeclampsia case?
In California, you have the right to recover economic, non-economic, and punitive damages in medical malpractice cases.
Economic Damages
Economic damages compensate you for your verifiable monetary losses that result from your injuries. These losses include the following:
- Lost wages
- Loss of earning capacity
- Medical expenses
- The value of domestic services
Lost earning capacity is the income you would have earned over the course of your lifetime were it not for your injuries.
Non-Economic Damages
Non-economic damages compensate you for the harm your injuries have caused your quality of life that cannot be measured in dollars alone. Non-economic damages are sometimes referred to as pain and suffering. However, non-economic damages can also be awarded separately for specific losses, such as the following:
- Loss of society
- Loss of bodily functions
- Loss of ability to enjoy life
- Mental anguish
- Loss of consortium
- Inconvenience
- Disfigurement
California limits non-economic damages in medical malpractice cases to $250,000.
Punitive Damages
Punitive damages are available in rare medical malpractice cases when it can be shown through clear and convincing evidence that the provider’s conduct leading to the injury was particularly egregious. Before such damages can be sought, the court must approve the claim on the basis of a probability of prevailing.
What if preeclampsia complications were fatal to the mother or child?
Wrongful death claims in birth injury cases are complicated where the child is concerned. In Justus v. Atchison, the court ruled that an unborn child is not a legal person in California for purposes of the wrongful death statute. Therefore, the manner and timing of the infant’s death will determine whether a wrongful death claim is feasible.
If the mother passes away as a result of preeclampsia complications due to negligence, the California wrongful death statute allows the following family members to file a wrongful death lawsuit:
- Surviving spouse
- Domestic partner
- Children
- Descendants of deceased children
- Next of kin
Damages available in a California wrongful death lawsuit may include the following:
- Burial expenses
- Medical expenses of the deceased
- Pain and suffering of the family or the deceased
- Loss of companionship
- Loss of comfort
- Loss of consortium
- Punitive damages
How can an attorney help me with my California preeclampsia lawsuit?
A birth injury lawyer can provide a thorough review of your medical records, identify all liable parties, and negotiate a settlement on your behalf. At Cutter Law, we fight vigorously for maximized compensation, and our skilled attorneys are willing to take your case to trial if necessary.
Can I afford a California preeclampsia lawyer?
Our law firm uses a contingency fee agreement in medical malpractice cases to ensure injured victims have access to file a lawsuit and get justice. You do not owe us anything unless and until we successfully recover compensation for you.
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Sacramento, CA 95864
Phone: 916-290-9400
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Cutter Law P.C.
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Oakland, CA 94612
