Claim for a Miscarriage due to Medical Negligence
Making a claim for a miscarriage due to medical negligence is difficult for everybody involved. The loss of an opportunity to give birth to a child that you may have been looking forward to for years can be devastating, and everybody involved with the claim will be touched by your emotional trauma.
We understand that you may still not have come to terms with the situation and you may be finding it difficult to get answers from medical professionals about how your loss occurred. This is one of the primary reasons why bereaved would-be mothers claim compensation for the loss of a child due to an avoidable miscarriage.
Ideally you should speak with a solicitor at the first practical opportunity. This will enable a thorough investigation to be conducted while your memory of the treatment you received is still fresh, so that any failure by a medical professional to provide an acceptable standard of care can be identified.
Establishing Negligence in Avoidable Miscarriage Compensation Claims
Establishing negligence in avoidable miscarriage claims is achieved 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 claim for a miscarriage due to medical negligence would include the misdiagnosis of an ectopic pregnancy, the failure to treat diabetes or thyroid problems, or undergoing an invasive gynaecological procedure without your doctor first checking to see whether or not you were pregnant.
In the past compensation for the loss of a child due to an avoidable miscarriage has been successfully claimed by would-be mothers who have had a coil fitted by their GP after they became pregnant, or when they have been prescribed or administered a drug to which the foetus has had an adverse reaction.
How Much Compensation for the Loss of a Child due to an Avoidable Miscarriage?
Until a child is born, it is not recognised by the law as a “person”. This means that the for the purpose of claiming compensation for the loss of a child due to an avoidable miscarriage, only the mother´s physical and emotional trauma will be taken into account. Often the settlement of a claim for a miscarriage due to medical negligence can depend on how far the pregnancy had advanced before the miscarriage.
The would-be mother´s physical trauma – and any implications for future childbearing opportunities – will be determined by conducting a review of her medical records. Emotional trauma is established by a psychiatric evaluation. Your solicitor will also take into account that many would-be mothers, who have lost a child due to a miscarriage, experience some level of Post-Traumatic Stress Disorder.
Provided that there is sufficient evidence to support a claim for a miscarriage due to medical negligence, the hospital, clinic or NHS Trust responsible for the would-be mother´s care will likely admit liability for the loss of her child. Settlements of compensation for the loss of a child due to an avoidable miscarriage will be negotiated discretely and without the need for a court hearing.
Legal Advice about Making a Claim for a Miscarriage due to Medical Negligence
There are many different scenarios in which it may be possible to make a claim for a miscarriage due to medical negligence, and many different physical and psychological consequences. For specific legal advice about claiming compensation for the loss of a child due to an avoidable miscarriage, you are invited to call our Freephone legal guidance service and discuss the circumstances of your miscarriage with an experienced medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about instigating an investigation into the standard of care you received, making a claim against the hospital, clinic or NHS Trust responsible for the errors that led to your avoidable miscarriage, and how compensation for the loss of a child due to an avoidable miscarriage is calculated.
All calls to our Freephone legal guidance service are naturally confidential, and you are not under any obligation to proceed with a claim for a miscarriage due to medical negligence just by calling us. Our aim is to explain your options in plain English, so that you are comfortable making an informed decision about whether you have a claim for compensation for the loss of a child due to an avoidable miscarriage that may be worth your while to pursue.