Last Updated on May 5, 2026 by tanya

Claiming Compensation for Delayed Diagnosis of Pre-Eclampsia

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

When Is It Medical Negligence?

Claiming compensation for delayed diagnosis of pre-eclampsia may be possible if you have been harmed by such a delay. Pre-eclampsia is a serious pregnancy complication, which can also occur post-partum. It may have devastating consequences for both mother and baby if not diagnosed and treated rapidly.

While not every childbirth complication will be medical negligence, you may be eligible to claim compensation if you’ve suffered avoidable harm due to a delayed or missed diagnosis.

What is Pre-Eclampsia?

Pre-eclampsia is a condition that usually arises after the 20th week of pregnancy. However, it may also occur within the first six weeks after birth. It is characterised by high blood pressure and damage to organs such as the liver and kidneys. Symptoms may include:

 

• High blood pressure
• Swelling (especially in the hands, face, or feet)
• Severe headaches
• Vision problems
• Pain just below the ribs

 

If left undiagnosed or untreated, pre-eclampsia can lead to life-threatening complications, including eclampsia, stroke, premature birth, placental abruption, and may even be fatal for either mother or baby.

 

Why Does a Delayed Diagnosis Happen?

A delayed diagnosis of pre-eclampsia may result from:

 

• Failure to monitor blood pressure or urine protein levels
• Inadequate antenatal care
• Misinterpretation of symptoms
• Failure to act on abnormal test results
• Lack of timely referral to a specialist or hospital

 

Such failures can amount to medical negligence, and if proven, they may give rise to a legal claim for compensation.

 

Can You Claim Compensation for Pre-Eclampsia

Yes. If you’ve suffered avoidable harm due to a delayed or missed diagnosis of pre-eclampsia, you may be eligible to make a medical negligence claim. This applies whether the delay occurred during pregnancy, during labour, or in the postnatal period. Importantly, you have to be able to show that harm was caused.

Typically, you may be able to claim compensation for:

 

• Pain and suffering (physical and emotional)
• Loss of earnings
• Future care costs
• Private medical treatment
• Adaptations to the home or mobility aids
• Psychological trauma (such as PTSD or depression)

 

In the case of stillbirth or serious birth injury, families may also claim for bereavement, funeral costs, or long-term care for a disabled child.

 

Your Guide to Making a Pre-Eclampsia Compensation Claim

Here’s a step-by-step overview of how to make a birth injury claim or delayed diagnosis compensation claim:

 

Contact a Specialist Medical Negligence Solicitor

Start by contacting our team who will guide you through the process. We partner with solicitors who specialise in maternal health and obstetric negligence with an initial, free consultation to have your potential claim assessed. They also offer a ‘No Win, No Fee’ service, which means you only pay if you win your claim.

 

Gather Medical Evidence

Your solicitor will request your medical records and review them with independent medical experts to assess whether the standard of care you received fell below what is expected.

 

Establish Negligence

To succeed in a claim, you must prove:

• The care you received was negligent (i.e., fell below a reasonable standard)
• The negligence directly caused or contributed to your injury or loss

 

Value the Claim

Your solicitor will calculate how much compensation you are likely to receive, factoring in general damages (for pain and suffering) and special damages (for financial losses and care needs)

 

Submit the Claim

Your solicitor will submit a Letter of Claim to the NHS Trust or private healthcare provider involved. This outlines the allegations and invites a response.

 

Negotiate or Litigate

Many claims are settled out of court. However, if liability is denied or a settlement can’t be reached, your solicitor may issue court proceedings.

 

Time Limits for Making a Claim

You generally have three years from the date of the injury or the date you became aware of it (the “date of knowledge”) to bring a claim. For children injured at birth, a claim can be made any time before they turn 18, and then they have until age 21 to make a claim themselves.

Acting promptly is essential because gathering evidence can take time. Additionally evidence may be misplaced as time goes on.

 

Real-Life Examples of Delayed Pre-Eclampsia Diagnosis Claims

Case Study 1: Maternal Stroke After Missed Symptoms

A woman in her third trimester complained of headaches, swelling, and blurred vision, but her midwife failed to act. She later suffered a stroke, resulting in partial paralysis. She received £275,000 in compensation.

Case Study 2: Birth Injury from Untreated Pre-Eclampsia

A baby was born with cerebral palsy due to untreated pre-eclampsia that led to placental abruption and oxygen deprivation. Depending on the severity, settlements may range between £1 million – £7 million to cover lifetime care.

These cases highlight the serious consequences of delayed diagnosis and the importance of seeking legal advice early.

 

How Much Compensation Could You Receive?

Compensation varies based on the severity of the harm caused.

As each case is individual, your solicitor will assess your particular case and consult medical experts to determine a fair and just settlement.

 

What To Do Next

If you believe you or a loved one has suffered harm and suspect medical negligence is to blame, getting legal advice early on is important. It can make a significant difference regarding when it comes to gathering evidence, securing expert reports and filing during the legal time frame of three years.

First Personal Injury can guide you through the process to get the compensation you deserve. We work with experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.

 

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.