Birth injury & birth trauma
"They Said It Was Just a Headache": Missed Pre-eclampsia and the Weight of Not Being Heard
By Dr Rosemary Listing, lawyer · Peter Evans & Associates Solicitors
In this article
If you raised concerns in pregnancy and were reassured, and then pre-eclampsia hurt you or your baby, this is for you. I'll explain what pre-eclampsia is, the national guideline your care team was expected to follow, and how a lawyer works out whether the warning signs were missed. Above all, I want to lift some of the self-blame I know so many women carry.
You told them.
You knew something wasn't right.
The headache that wouldn't shift, no matter how much water you drank. The sparkly spots at the edge of your vision. Rings that suddenly wouldn't come off. A face in the mirror that didn't look like yours. A strange, deep ache under your ribs on the right side.
And you said something. Of course you did.
Maybe you rang the birth unit and were told to take paracetamol and put your feet up. Maybe your blood pressure was "a little up" at your appointment, and you were sent home with "we'll check it again next week".
Then came the seizure. Or the stroke. Or the emergency caesarean at 30 weeks, and a tiny baby whisked away to the NICU. Or the silence on the ultrasound that no parent should ever have to hear.
Since then, you've learned the word pre-eclampsia. And a thought keeps circling:
They had the numbers. I told them how I felt. Why didn't anyone act?
That question isn't paranoia, and it isn't bitterness. It's a reasonable response to feeling unheard at the most vulnerable time of your life.
What pre-eclampsia is
Pre-eclampsia
A serious pregnancy condition involving high blood pressure, usually after 20 weeks, together with signs that other organs are affected, such as the kidneys, liver, blood or brain. It also affects the placenta, which can slow the baby's growth.
In plain terms: your blood pressure rose, and it started to strain your body and your baby's lifeline. Pregnancy, Birth and Baby explains pre-eclampsia clearly, and healthdirect has an overview of its symptoms and treatment.
Pre-eclampsia can move fast. Left untreated, it can lead to seizures (eclampsia), stroke, HELLP syndrome (a severe form affecting the liver and blood clotting), placental abruption, and kidney or liver damage. It can also cause heavy bleeding after birth. For babies, it can mean poor growth, very early birth, or stillbirth.
And one thing many women aren't told: pre-eclampsia can appear for the first time after the baby is born, usually in the first days or weeks.
What your care team was expected to do
Here's something I find many women don't know. Every time your blood pressure was taken and you were asked to give a urine sample, the system was looking for pre-eclampsia. The whole rhythm of antenatal care is built to catch it.
In Australia and New Zealand, clinicians follow the SOMANZ Hypertension in Pregnancy Guideline 2023. The Medical Journal of Australia has published a summary of the guideline for clinicians. There are a few places where things most often go wrong.
Your risk should have been identified early.
Some women start pregnancy at higher risk: pre-eclampsia in a past pregnancy, high blood pressure before pregnancy, kidney disease, diabetes, some autoimmune conditions, or carrying twins. SOMANZ's top 10 points for women and families says higher-risk women should take low-dose aspirin, starting before 16 weeks.
Let's say you'd had pre-eclampsia in your first pregnancy. Did anyone mention aspirin this time? Were you seen more often? Or was this pregnancy treated as routine?
Raised blood pressure should have led to action.
A reading above the accepted threshold, or protein in your urine, is meant to prompt more tests and closer monitoring, not a "see you next week". A pattern that comes up in these claims is high readings being written down, and then nothing changing.
Your symptoms should have been taken seriously.
Warning symptoms
A severe or persistent headache, changes in vision, pain under the ribs on the right side, sudden swelling of the face or hands, and nausea or vomiting late in pregnancy are all recognised signs that pre-eclampsia may be developing or worsening.
In plain terms: if you reported any of these, you should have been brought in and checked, not told to rest.
Treatment and timing should have been carefully managed.
Once pre-eclampsia is diagnosed, treatment can include medication to lower blood pressure, magnesium sulphate to prevent seizures, close monitoring of your baby, and a careful decision about when your baby should be born. Gaps or delays here can cause serious, sometimes irreversible, harm.
And care shouldn't have stopped at the birth.
Blood pressure needs watching after birth too, especially after pre-eclampsia or high readings. Being discharged with high blood pressure, or having postnatal headaches dismissed, can lead to a stroke or seizure at home.
If this is landing for you, and you're realising your concerns were documented but not acted on, I'm here to listen. There's no obligation and no pressure.
How a lawyer looks at this
I want to be honest with you about how this works, because I think honesty is more helpful than hope.
Standard of care
Did your care fall below what a competent clinician should have provided at the time, given what your readings and symptoms showed? Independent medical experts review your antenatal records to answer this.
In plain terms: were the warning signs there, and did a careful team respond the way they should have?
Causation
If they didn't, would acting properly have changed what happened?
In plain terms: would earlier treatment, or an earlier birth, have prevented the stroke, the seizure, or the harm to your baby?
Pre-eclampsia can progress quickly, and sometimes even excellent care can't prevent a terrible outcome. I'll always tell you that. But "it can be unpredictable" is not the same as "nothing could have been done", and you deserve to know which it was.
This was never your job.
I want to pause here, because there's something I hear from almost every woman in this situation.
I should have pushed harder. I should have gone in. I should have known.
Please be gentle with yourself. You are not a doctor. You went to people whose job it was to recognise these signs, and you told them what you were feeling. That is exactly what you were supposed to do.
Being dismissed is a theme the NSW Parliament's 2024 Birth Trauma report heard about again and again. Your experience is part of something much bigger, and it isn't a failure on your part.
What a claim can and can't do
A claim can't undo a stroke, or give you back the pregnancy you should have had.
It can find out whether the warning signs were there and whether they were acted on. If they weren't, it can compensate you for your injuries, such as the lasting effects of a stroke or brain injury. It can provide for your baby if they were harmed by being born too early or too late. And it can support families who have lost a baby or a mother. A family who has lost a mother may be able to claim under the Compensation to Relatives Act 1897 (NSW).
You may also want answers directly. NSW public hospitals have an open disclosure process. You can complain to the Health Care Complaints Commission, or raise a concern about a practitioner with Ahpra.
Looking after yourself.
A frightening pregnancy can leave a long shadow, including fear of future pregnancies. Birth Trauma Australia offers peer support. PANDA's national helpline is 1300 726 306. The Gidget Foundation offers free counselling, including after pregnancy loss.
Frequently asked questions
I didn't realise my symptoms were serious. Is that my fault?
No. Recognising and acting on warning signs is your care team's responsibility. You came to them for exactly that reason.
My baby was stillborn. Can I bring a claim?
The law here is complex and depends on your circumstances, but there may be options, including for your own psychological injury. My article on stillbirth and negligence explains more, and I'm always happy to talk it through.
Is there a time limit?
Yes. In NSW, time limits are set by the Limitation Act 1969 and they're strict, so please get advice as early as you can.
I'm scared to get pregnant again. Is that normal?
Very. Many women feel this. Talking to a perinatal mental health service, and getting clear answers about what happened last time, can both help.
A closing thought
You did the thing you were meant to do. You noticed, and you spoke up.
If your voice wasn't heard then, it can be heard now.
So I'll leave you with this: if you could go back and be believed in that moment, what would you most want someone to have done?
About the author
Dr Rosemary Listing is a medical negligence lawyer and Of Counsel at Peter Evans & Associates Solicitors in Newcastle, NSW. She holds a PhD in product liability and teaches Health Law at the University of Newcastle. Rosy works with women and families after birth injuries, helping them understand what happened and what their options are. She is a lawyer, not a doctor, and works with independent medical experts to review every case.
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This article is general information only. It is not legal or medical advice, and reading it does not create a lawyer–client relationship. Every situation is different. If you are in crisis, please call Lifeline on 13 11 14 or 000 in an emergency.