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Compensation Claims for Miscarriages

Can my wife claim miscarriage compensation for an infection sustained after an evacuation of retained products of conception procedure?

A miscarriage is a highly distressing experience, and having to undergo ERPC surgery can add to that distress. For some it is a better choice to make, as it should ensure the minimum amount of physical pain and suffering is experienced. Although an evacuation of the retained products of conception surgical procedure is relatively quick and straightforward, it is an invasive surgical procedure and as such it does carry a slight risk of infection.

ERPC treatment should actually reduce the chances of an infection being contracted compared to a miscarriage that is allowed to occur naturally, and it is why this procedure is often prescribed by doctors. However if the procedure has not been performed correctly and pregnancy tissues remain in the uterus, the risk of infection is increased. Incorrectly performed ERPC procedures due to inattentiveness or incompetence of the surgeon that are not thorough, or that directly cause an infection, can form the basis of a miscarriage compensation claim for the infection.

Provided that it can be proven ‘on the balance of probabilities’ that this was the case and that the procedure involved a breach in a duty of care to your wife, a claim for miscarriage compensation should be possible.

Obtaining proof of this may be complicated however, as medical experts will be required to assess your wife’s condition and will have to determine that a procedure was not carried out correctly. A medical negligence solicitor would be able to arrange to have the best medical experts look at the case, perform the necessary examinations, and thoroughly checked your wife’s medical records for any indications of negligence.

Your wife should have been informed by a doctor that there was a risk associated with the procedure, and that an infection was possible. If the doctor has failed to advise your wife of the risks it may amount to medical negligence and, if this can be proven, then a claim for miscarriage compensation will be possible for the infection she contracted. If your wife was advised of the risks, and no errors in the procedure can be proven, there may be no grounds for making a miscarriage compensation claim for infection.