We understand how difficult it can be for a would-be parent to claim compensation for a miscarriage due to medical negligence. Months if not years of planning go into preparing for a child, and when the opportunity to give birth is taken away from you, the emotional consequences can be devastating.
Unfortunately, making a claim for the loss of a child due to a miscarriage is not easy. At a time when you may only just be coming to terms with your loss, it can be difficult to cope with non-cooperative medical personnel and denials of liability. This is why you should speak with a solicitor at the first practical opportunity.
You solicitor will request access to your medical records and have them reviewed by an independent medical expert to determine whether your miscarriage occurred naturally or could have been avoided with greater care. If evidence can be found to support a claim for the loss of a child due to a miscarriage, you solicitor will guide you through the remaining process to claim compensation for a miscarriage due to medical negligence.
Establishing Negligence for Medical Negligence Claims
Establishing negligence for medical negligence claims is done by investigating the care that was provided for you throughout your pregnancy and ascertaining if “at the time and the in the circumstances” the standard of care you received was below that generally accepted by the medical community.
Typical scenarios that might result in a medical negligence claim for the loss of a child due to a miscarriage would include the misdiagnosis of an ectopic pregnancy or Polycystic Ovary Syndrome, the failure to treat thyroid problems or diabetes, or the carrying out of an invasive procedure without first checking that the mother may be pregnant.
There have also been claims for compensation for a miscarriage due to medical negligence made by mothers who have had a coil fitted by their GP after they became pregnant. In these cases, the advice given by the Medical Defence Union is that doctors should always check for pregnancy before fitting an intrauterine device.
How Much Compensation for a Miscarriage due to Medical Negligence?
Until a child is born alive, the law in the UK does not recognise tour child as a ‘’person’’ for the purpose of claiming compensation for a miscarriage due to medical negligence. Instead the settlement of a medical negligence claim for the loss of a child due to a miscarriage will be determined by the physical and emotional trauma experienced by the mother.
Physical trauma – and the implications for future childbearing opportunities – will be determined by reviewing the would-be mother´s medical records. Emotional trauma has to be established by a psychiatric evaluation. Many would-be mothers that have lost children due to a miscarriage experience some level of Post-Traumatic Stress Disorder, and this would be taken into account by your solicitor when calculating a settlement of compensation for a miscarriage due to medical negligence.
Provided that there is sufficient evidence to support a medical negligence claim for the loss of a child due to a miscarriage, the hospital, clinic or NHS Trust responsible for the would-be mother´s care will likely admit liability for the loss of the child. Settlements of compensation for a miscarriage due to medical negligence will be organised discretely and usually without the need for a court hearing.
Further Advice about Making a Claim for the Loss of a Child due to a Miscarriage
There are many different circumstances in which it may be possible to claim for the loss of a child due to a miscarriage, and many different physical and psychological consequences. For specific advice which is relevant to your situation, you are invited to call our Medical Negligence Advice Bureau and discuss the loss of your child with an experienced medical negligence solicitor.
Our solicitor will be able to answer any questions you may have about claiming compensation for a miscarriage due to medical negligence and guide you through the processes of establishing negligence and instigating an investigation into the standard of care you received during your pregnancy.
There is no obligation on you to proceed with a claim for the loss of a child due to a miscarriage when you use our service, and your call to our Medical Negligence Advice Bureau is completely confidential. You are welcome to take advantage of our service to get the information you need and then focus on healing from your trauma while we investigate whether there is a claim for compensation for a miscarriage due to medical negligence which may be worth your while to pursue.