When a doctor or hospital fails to diagnose or treat preeclampsia or HELLP syndrome in time, the consequences for a mother and her baby can be permanent and life-altering. In some cases, that delayed prenatal care may rise to the level of medical malpractice under Alabama law.
At Hare Wynn, our attorneys are committed to helping affected families get justice for negligence and wrongdoing. If your family has been affected, you may have the right to pursue a legal claim, and we can help you do just that.
What Are Preeclampsia and HELLP Syndrome?
Preeclampsia and HELLP syndrome are serious pregnancy complications that require fast, decisive medical attention.
Preeclampsia
Preeclampsia is a condition that typically develops after the 20th week of pregnancy, marked by high blood pressure and signs of organ damage, most often involving the kidneys. It affects up to 8% of all pregnancies in the United States and is one of the leading causes of maternal and infant death worldwide.
Common warning signs include:
- Blood pressure readings above 140/90 mm Hg on two separate occasions
- Protein in the urine
- Severe headaches
- Blurred vision or sensitivity to light
- Sudden swelling in the hands or face
- Pain in the upper right abdomen
When caught early, preeclampsia can be managed. But when it is missed or ignored, it can rapidly progress to life-threatening complications.
HELLP Syndrome
HELLP stands for Hemolysis, Elevated Liver enzymes, and Low Platelet count. It is a severe complication that can develop from uncontrolled preeclampsia, and it can occur before or shortly after delivery. HELLP affects the liver and the blood’s ability to clot, which can lead to internal bleeding, liver rupture, and death.
It can be difficult to identify because its symptoms, including nausea, fatigue, and upper abdominal pain, may look like other conditions, which is exactly why physicians must be vigilant and follow proper protocols when a patient is at risk.
How Does Delayed Care Become Medical Negligence?
Not every bad outcome is malpractice. But when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm, it may be grounds for a medical malpractice claim.
Obstetrical Negligence
In preeclampsia and HELLP syndrome cases, medical negligence often looks like this:
- Failure to monitor blood pressure during prenatal visits
- Dismissing symptoms as normal pregnancy discomforts
- Failing to order or act on lab work that would reveal HELLP syndrome
- Delayed delivery when the clinical situation demanded urgent action
- Inadequate monitoring during labor, delivery, or the postpartum period
- Failure to administer magnesium sulfate to prevent seizures in at-risk patients
Each of these failures can have cascading effects. A baby deprived of oxygen due to placental complications may suffer brain damage, cerebral palsy, or death.
A mother whose HELLP syndrome goes undetected may experience liver failure, uncontrolled bleeding, or cardiac arrest. These are not rare, abstract outcomes. They happen in Alabama hospitals every year.
What Victims Must Prove
Your attorney must show that your healthcare provider failed to exercise the standard of care expected of a similarly situated provider and that this failure caused the patient’s injury and resulting damages. Expert medical testimony is almost always required to establish these elements.
Alabama Law and Your Right to File a Claim
The Alabama Medical Liability Act
Medical malpractice claims in Alabama are governed by the Alabama Medical Liability Act (AMLA), which sets out the rules for how these cases are filed, what evidence is required, and who qualifies as a defendant. Under the AMLA, liable parties can include individual physicians, your obstetrician, nurses, midwives, and hospitals or health systems as institutions.
Don’t Miss These Filing Deadlines
Alabama law sets strict time limits on medical malpractice claims under Ala. Code § 6-5-482. Missing these deadlines means losing your right to pursue compensation entirely.
- General rule: You have two years from the date of the negligent act to file a claim.
- Discovery rule: If the cause of action was not discovered and could not reasonably have been discovered within those two years, the action may be commenced within six months from the date of discovery or the date of discovery of facts that would reasonably lead to such discovery, whichever is earlier.
- Absolute deadline: Claims can’t be filed more than four years after the negligent act, regardless of when you found out about it.
- Minors under four years of age: A child injured before their fourth birthday has until their eighth birthday to file.
Why Families Across Alabama Trust Hare Wynn
Complex medical malpractice cases involving preeclampsia and HELLP syndrome require attorneys who understand both the science and the legal strategy needed to hold hospitals and physicians accountable.
At Hare Wynn, our team brings a collective of hundreds of years of legal experience to every case we take on. Our firm includes seasoned trial lawyers, appellate lawyers, and an in-house medical expert who work together to build the strongest possible case for our clients.
That combination of legal and medical knowledge is not something every firm can offer, and in cases like these, it matters enormously.
Talk to a Medical Malpractice Attorney in Alabama Today
If you believe that a delayed diagnosis or inadequate treatment of preeclampsia or HELLP syndrome caused harm to you or your baby, you don’t have to face this alone. The attorneys at Hare Wynn are here to listen, review your case, and explain your legal options with honesty and care.
Contact Hare Wynn today for a free consultation. There is no fee unless we recover compensation for you.
Frequently Asked Questions About Preeclampsia, HELLP Syndrome, and Birth Injuries
1. Can I sue my doctor for failing to diagnose preeclampsia in Alabama?
Yes, in some cases. If your doctor failed to recognize or respond to signs of preeclampsia and that failure caused harm to you or your baby, you may have grounds for a medical malpractice claim under Alabama law. A qualified medical malpractice attorney can review your medical records and help you understand your options.
2. What are the signs that HELLP syndrome was mismanaged during my pregnancy?
Signs of mismanagement may include a failure to order repeat lab work when your blood pressure was elevated, a delivery delay despite your worsening symptoms, or a missed diagnosis when symptoms such as upper right abdominal pain and abnormal bleeding were present. In these situations, your care may not have met the required standard of care.
3. How long do I have to file a birth injury malpractice claim in Alabama?
In most cases, you have two years from the date of the negligent act under Ala. Code § 6-5-482. If the harm could not have been discovered right away, you may have six months from the date of discovery, but no claim can be filed more than four years after the act. Children injured before age four may have until their eighth birthday to file.
4. What compensation could my family recover if a doctor missed preeclampsia?
Compensation could include medical expenses related to your injury, long-term care costs for a child with a birth injury, lost income, pain and suffering, and emotional distress. Alabama’s $400,000 statutory cap on noneconomic damages was declared unconstitutional by the Alabama Supreme Court, which means a jury may award the full amount of your provable noneconomic losses. There is no statutory cap on economic damages such as medical expenses and lost income.
5. Can I still file a claim if my baby was born healthy but I suffered serious injuries?
Yes. A medical malpractice claim in Alabama can be brought on behalf of the mother alone, even if the baby was not harmed. If you suffered organ damage, required emergency surgery, experienced a life-threatening hemorrhage, or faced other serious complications due to delayed or inadequate care, you may have grounds for a claim regardless of your baby’s outcome. Your injuries, medical costs, and suffering are compensable on their own merits.
6. Does Hare Wynn handle preeclampsia malpractice cases outside of Alabama?
Yes. While Hare Wynn’s legacy of fighting for justice spans more than a century in Alabama, our medical malpractice team handles cases throughout the United States. With seasoned trial lawyers and an in-house medical expert in our wheelhouse, we have the resources and reach to pursue complex birth injury and obstetrical negligence cases across state lines.
