Claiming For A Failed Termination
If you have had a termination which proved to be unsuccessful, you will probably be feeling angry and upset about your experience – particularly if the termination failed as the direct result of medical negligence. If this has happened to you, contact a solicitor today to discuss what your options are, as you could be entitled to claim compensation for the pain and suffering you have been caused.
How does a termination fail?
Terminating a pregnancy is now a well-practiced procedure that will, in the overwhelming majority of cases, be successful. However, there are a few women every year who are unfortunate enough to suffer a failed termination. But how exactly does this happen?
A termination will usually fail for one of the following reasons:-
1. The wrong procedure is carried out
There are various ways to carry out a termination, with the appropriate type of procedure being determined by the length of gestation. For example, if the pregnancy is still in the early stages, it will be possible to terminate the pregnancy with medication alone. On the other hand, if more than seven weeks have passed, a surgical termination will often be necessary. If the wrong procedure is selected, the foetus may not be successfully removed.
2. Pre-existing problems are not identified
Any pre-existing gynaecological problems must be noted by medical professionals before a procedure is performed. This is because like the length of gestation, certain gynaecological conditions can determine what type of procedure is most suitable. For example, if a woman had an irregularly shaped uterus, a surgical procedure may not be appropriate.
3. The procedure is not performed correctly
It is also possible that the procedure is not performed with the necessary skill and expertise expected of a medical professional. For example, a medical termination will require two appointments, during which a woman will be asked to ingest certain tablets. If the second stage of treatment is not provided, the likelihood of a successful termination is around 2-3%.
4. A miscarriage is wrongly diagnosed
After a termination, a woman should pass blood and cells through her vagina. This will confirm that a miscarriage has occurred. Medical professionals should carry out a scan and/or an examination to ensure this is the case; it is not sufficient to rely upon the patient's description of symptoms.
Can you claim compensation for a failed termination?
If you have suffered any of the above scenarios, it is possible that you are the victim of medical negligence. If so, you will be legally entitled to claim compensation for the pain and suffering an unwanted pregnancy and a wrongful birth (if you continue to proceed with the pregnancy) have caused you. To find out more, contact a medical negligence solicitor as soon as possible.
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Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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