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Rosenfeld Injury Lawyers LLC

Rosenfeld Injury Lawyers LLC

Chicago HELLP Syndrome Lawyer

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Jonathan Rosenfeld

J.D

August 15, 2024

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HELLP syndrome is a rare but severe complication of pregnancy, occurring in approximately 1 to 2 out of every 1,000 pregnancies. [1] Still, it can result in severe injuries, even death in some cases.

This condition can result in significant harm to both the mother and baby if not correctly diagnosed and treated, resulting in situations that could potentially lead to legal action for pregnant women who suffered an injury or are dealing with a child’s injuries.

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What Is HELLP Syndrome?

HELLP syndrome is a serious pregnancy complication characterized by high blood pressure, the breakdown of red blood cells, elevated liver enzymes, and a low platelet count in pregnant women, typically manifesting as a continuum of preeclampsia.

It most often arises in the third trimester or, less commonly, in the week following childbirth. The potential severity of HELLP syndrome demands attention, not just for medical treatment but also for potential legal action.

ELLP syndrome, a life-threatening pregnancy complication often considered to be a variant of preeclampsia, involves hemolysis (the breaking down of red blood cells), elevated liver enzymes, and low platelet count. Identifying the causes and risk factors associated with this serious condition is critical in managing both maternal and fetal health outcomes effectively.

The following are some of the most common:

Preeclampsia or eclampsia: Pregnant women who develop preeclampsia or eclampsia are at an increased risk for developing this condition. Medical oversight and timely intervention are crucial to prevent the escalation of these medical conditions, highlighting the importance of competent care.
Previously diagnosed with the condition: Having a history of HELLP syndrome in prior pregnancies significantly increases the risk of recurrence. This necessitates vigilant prenatal care and monitoring by healthcare providers to mitigate risks. Neglecting a patient’s medical history and not taking preventive steps can be grounds for a birth injury lawsuit.
Maternal age: Women over the age of 25, and especially those over 35, are more likely to develop the syndrome and be required to have HELLP syndrome treated. This demographic requires enhanced observation for potential complications, and the lack of such specialized care could be seen as medical malpractice.
Other medical conditions: Medical conditions like high blood pressure, diabetes, kidney disease, and rheumatoid arthritis elevate the risk of developing HELLP syndrome. Adequate management of these preexisting medical conditions by healthcare professionals is critical in preventing the occurrence of HELLP syndrome. Failure to do so may indicate malpractice.

The warning signs and consequences of HELLP syndrome are severe and can significantly impact pregnant women and fetal health. Some of these consequences include:

Liver failure: The breakdown of red blood cells and elevated liver enzymes can lead to acute liver failure, a life-threatening condition causing damage to liver function and requiring immediate medical intervention.
Renal dysfunction: HELLP syndrome can impair kidney function, resulting in reduced urine output and, in severe cases, complete renal failure.
Brain damage: In addition to liver problems like elevated liver enzymes in a pregnant woman, it can lead to brain damage in the baby due to the condition’s impact on blood pressure and the potential for stroke or bleeding.
Birth before baby’s anticipated delivery date: HELLP syndrome can lead to serious complications that might require doctors to induce labor well before the baby’s anticipated delivery date, resulting in premature delivery. This often carries its own set of risks—babies born prematurely often face immediate and long-term health challenges due to their underdeveloped bodies.
Pulmonary edema: Fluid accumulation in the lungs causes difficulty breathing and reduced oxygen levels in the blood, requiring emergency treatment to prevent respiratory failure.
Placental abruption: The condition can cause the placenta to separate from the uterine wall prematurely, leading to fetal distress, preterm birth, or stillbirth.
Low birth weight: Another significant consequence is the potential for delivering a baby with a low birth weight. The placental issues and decreased blood flow associated with HELLP syndrome can impede the fetus’s ability to receive adequate nutrition and oxygen.
Cerebral palsy (CP): HELLP syndrome, while primarily affecting maternal health, also poses significant risks to the unborn child, including the potential development of cerebral palsy. CP is a neurological disorder that affects movement, muscle tone, and posture, and is often caused by damage to the developing brain either during pregnancy or shortly after birth.
Eclampsia: This condition increases the risk of seizures (eclampsia), which can be life-threatening for both the mother and baby and may lead to an emergency delivery.

Can You Sue for HELLP Syndrome?

Yes, you can sue for issues arising from preeclampsia and HELLP syndrome if medical malpractice is suspected—for example, a medical professional failed to diagnose or properly treat the syndrome and related medical conditions.

Medical providers are expected to monitor and manage risks during pregnancy diligently; a failure that leads to injury may constitute malpractice.

In these cases, seeking an experienced attorney who understands the complexities of these types of cases is crucial in successfully seeking compensation.

Call us to discuss the specifics of your case

Proving Medical Negligence for a HELLP Syndrome Claim

Given the gravity of preeclampsia and HELLP syndrome and its implications for both mother and child, understanding the process to prove medical negligence is incredibly important for affected families.

For families navigating the complexities of a HELLP syndrome claim, seeking expert legal guidance from a Chicago medical malpractice lawyer should be your first step.

Below are the four elements required to build a case:

The plaintiff must demonstrate that the healthcare provider had a duty of care toward them. This is a fundamental legal requirement establishing that the medical professional was responsible for the patient’s well-being at the time of the alleged negligence.

It must be proven that the healthcare provider failed to meet the standard of care expected of them. This involves showing that the medical professional’s actions or inactions were not in line with what a competent professional would have done under similar circumstances, particularly in diagnosing or managing HELLP syndrome.

The medical malpractice claim must convincingly argue that the breach directly led to adverse outcomes—such as fetal distress, low birth weight, or the development of severe conditions in the mother or child, which could have been avoidable with proper care.

Lastly, the extent of the damages incurred due to the alleged negligence must be quantified. This includes not only the physical harm suffered but also financial costs, emotional distress, and potential long-term effects on the health and well-being of the mother and child.

Establishing Liability for HELLP Syndrome Cases

In medical malpractice claims like preeclampsia and HELLP syndrome cases, establishing liability centers on proving that healthcare providers did not meet the standard of care required for diagnosing or treating the condition.

Understanding who to hold accountable in preeclampsia or HELLP syndrome cases is complex and requires skilled legal representation. Here are potential parties who could bear responsibility:

Hospitals can be held liable for systemic failures or inadequate protocols that result in delayed diagnosis or mismanagement of HELLP syndrome.

An example of this might involve a hospital’s failure to have appropriate policies or necessary tests for monitoring and treating expectant mothers with pregnancy-related complications, like those developing preeclampsia or HELLP syndrome.

These healthcare providers are directly involved in the care of pregnant women and may be liable if their failure to recognize or appropriately treat HELLP syndrome leads to adverse outcomes.

For instance, an OB/GYN who dismisses a patient’s symptoms or delays necessary interventions could be held responsible.

Nurses play a critical role in monitoring a pregnant mother and communicating concerns to doctors. Their failure to properly monitor a patient’s condition or to communicate significant changes in a patient’s status to the attending physician can contribute to liability if it results in harm.

In cases where pregnant women seek emergency care, the ER staff’s ability to promptly recognize and respond to the signs of preeclampsia or HELLP syndrome is crucial. Liability may arise from ER staff failing to adequately assess a patient’s condition or from delays in treatment.

Damages You Can Recover in a HELLP Syndrome Birth Injury Lawsuit

Victims of medical malpractice involving preeclampsia or HELLP syndrome may seek various forms of damages, which compensate for both economic and non-economic losses. The most common types include:

Medical expenses: This includes costs for emergency treatment, ongoing care, medication, and any specialized equipment needed for recovery.
Lost wages and earning capacity: Compensation can be sought if the condition results in a significant amount of time away from work or if the victim is no longer able to earn a salary at the same capacity. An example would be a mother who, due to the long-term effects of HELLP syndrome, cannot return to her previous employment.
Pain and suffering: These are awarded for the severe pain and emotional distress suffered due to medical negligence.
Loss of consortium: This refers to the damages awarded to the spouse or close family members for the loss of companionship, moral support, and relationship dynamics. For example, if the mother suffers from irreversible complications that affect her marital relationship, her spouse may be eligible for these damages.
Wrongful Death: If HELLP syndrome mismanagement leads to the death of the patient, the family our Chicago wrongful death lawyers can help families pursue damages to cover funeral expenses, loss of financial support to the family, and the emotional pain of losing a loved one.

Why You Need a HELLP Syndrome Birth Injury Lawyer

HELLP Syndrome birth injury lawsuit

Navigating the aftermath of HELLP syndrome can be complicated and overwhelming. An attorney with expertise in high blood pressure and low platelet count-related birth injuries is not just a legal representative but a crucial ally who can guide you through this situation.

This specialized knowledge ensures your case is handled with the attention and urgency it deserves.

For comprehensive legal assistance, consider working with our Chicago birth injury lawyers, who bring experience and empathy to every case. Here’s what we can do to help:

Evidence collection: Gathering medical records, expert testimonies, and other forms of evidence to build a strong case.
Consulting experts: Working with medical professionals who specialize in high blood pressure and HELLP syndrome to provide insight into the standard of care and the impact of negligence.
Calculating compensation: Accurately assessing all damages, including current and future medical expenses, lost wages, and pain and suffering, to ensure fair compensation.
Negotiating with insurance companies: Our experienced birth injury lawyers can effectively negotiate with insurance companies to reach a settlement that reflects the gravity of your situation.
Trial representation: If a settlement cannot be reached, having a skilled attorney ready to represent your interests in court is crucial for a favorable outcome. We will fight for you in court to get a jury verdict in your favor.

Contact us for a free case evaluation

There’s Limited Time to File a Legal Claim for HELLP Syndrome

In Illinois, the statute of limitations for filing a legal claim related to HELLP syndrome, often leading to high blood pressure during pregnancy, is strict, underscoring the importance of acting promptly.

For medical negligence cases related to high blood pressure and low platelet count, the state allows a period of two years from the date the victim knew or should have known about the injury. However, there’s an absolute cut-off of four years from the date the medical error occurred, regardless of when the issue was discovered.

However, there are exceptions: the statute of limitations is extended for minors, allowing legal action to be initiated on their behalf up to 8 years from the date of the injury.

Failure to file within these deadlines can, unfortunately, result in the loss of the right to pursue a claim. We can help you file your claim on time so you don’t miss the deadline.

Contact Our HELLP Syndrome Birth Injury Attorneys Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

If you’re a pregnant mother and HELLP syndrome has impacted your family, and you suspect that inadequate medical care may have played a role, do not delay in seeking legal support. Rosenfeld Injury Lawyers is here to provide you with the compassionate advocacy and strong representation necessary to navigate these complex cases. Contact us today for a free, thorough evaluation of your case. We’re committed to helping you secure the compensation and justice you deserve for preeclampsia and HELLP syndrome.

Call us at (888) 424-5757 or reach out online to schedule your first meeting.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Champaign, Naperville, Rockford and throughout Illinois.

Resources: [1] March of Dimes

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Our Birth Injury Case Results

$20,300,000

$20,300,000 Cerebral palsy settlement involving a child with significant cognitive impairment who will require lifetime medical care, brought against the attending OB-GYN and hospital.

$16,433,000

Settlement for the family with a child who suffered brain damage due to oxygen deprivation during the labor and delivery process.

$11,000,000

Settlement for significant cognitive impairment related to an attending physician’s failure to conduct genetic testing prior to pregnancy despite indications that the parents were carriers of potential genetic mutations.

$7,500,000

Settlement for maternal death during childbirth of a 34-year-old woman on behalf of her husband and newborn child, brought against an OB-GYN and nurses for failing to identify and treat hemorrhaging during labor and delivery.

$6,140,000

Cerebral palsy settlement for a child diagnosed with Ataxic cerebral palsy at 3-years-old, despite consistent claims that the parents mistreated the child.

$5,000,000

Brachial plexus lawsuit settlement for a child who required several surgeries to his arm after birth.

$3,250,000

Stillbirth wrongful death lawsuit involving a hospital’s failure to perform an emergency C-section when there were clear indications of fetal distress.

$3,000,000

Stillbirth settlement awarded to the family after litigation related to the hospital’s failure to diagnose fetal distress during an emergency room visit.

$1,730,000

Settlement for brachial plexus/shoulder injury associated with a forceful delivery by an OB/GYN who used improper maneuvering to dislodge the child’s head after it got stuck during the birthing process.

$1,100,000

Stillbirth settlement for a family whose treating doctor failed to listen to repeated complaints of fetal distress or order any diagnostic testing despite the fact that the mother was considered to be a high-risk pregnancy due to her age.

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