Misdiagnosed Miscarriage Claims

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

How to Seek Compensation for Medical Negligence

Misdiagnosed miscarriage claims may result if there has been medical negligence. Experiencing a miscarriage is deeply traumatic and receiving incorrect medical information at such a vulnerable time can cause even more distress.  Miscarriage negligence is when an expectant mother receives a poor standard of care which leads to harm.

Experiencing a miscarriage is deeply traumatic, and receiving incorrect medical information during such a vulnerable time can cause even more distress. Unfortunately, errors in diagnosing pregnancy loss may lead to unnecessary medical procedures, emotional harm, and physical complications.

What Is a Misdiagnosed Miscarriage?

A miscarriage, also known as a spontaneous abortion, refers to the loss of a pregnancy before the 24th week. While some miscarriages happen naturally, medical professionals often perform scans and tests to confirm whether a miscarriage has occurred, especially if there are symptoms like bleeding or pain.

A misdiagnosed miscarriage happens when a healthcare provider incorrectly informs a woman that she has lost her pregnancy when, in fact, the pregnancy is still viable.

This can lead to unnecessary medical interventions such as dilation and curettage (D&C), administration of miscarriage-inducing drugs, or even surgical procedures that risk harming the patient physically and emotionally.

Common Causes of Misdiagnosed Miscarriages

• Inaccurate Ultrasound Interpretation: Early pregnancy ultrasounds can be tricky. If a scan is done too early, it may not show a foetal heartbeat clearly, leading to a false conclusion of miscarriage.
• Inadequate Follow-Up: Sometimes, a single scan is used to diagnose miscarriage without follow-up scans which could confirm foetal viability.
• Failure to Consider Symptoms or Patient History: Medical professionals might overlook the importance of symptoms or previous scans that indicated a healthy pregnancy.

Medical Negligence in Misdiagnosed Miscarriage Claims

Medical negligence occurs when healthcare professionals fail to provide a reasonable standard of care, leading to harm. In the context of miscarriage, this may involve:

• Incorrect diagnosis without adequate investigation
• Failure to carry out necessary scans or tests
• Not seeking a second opinion when results are inconclusive
• Rushing to a diagnosis without following guidelines

How To Establish Medical Negligence in Miscarriage Claims

To claim compensation for a misdiagnosed miscarriage, you will need to prove:

1. Duty of Care: The healthcare provider owed you a duty of care during your pregnancy.
2. Breach of Duty: The provider failed to meet the required standard of care (e.g., misinterpreting scans, failing to order follow-up tests).
3. Causation: This breach directly caused harm – such as unnecessary surgery, emotional distress, or physical injury.
4. Damages: You suffered loss or injury because of the negligence.

How Could You Discover a Pregnancy Was Actually Viable?

Follow-Up Ultrasound Scans

• Sometimes, after a miscarriage diagnosis, a follow-up scan might show a developing foetus with a heartbeat.
• Early ultrasounds can miss a heartbeat if done too soon, so a later scan might reveal viability.

Positive Pregnancy Symptoms Persist or Recur

• Continuing or returning symptoms like morning sickness, breast tenderness, or fatigue can indicate the pregnancy is still progressing.
• If these symptoms continue after a miscarriage diagnosis, it may prompt further investigation.

Pregnancy Hormone Levels (hCG Tests)

• hCG (human chorionic gonadotropin) levels typically drop after a miscarriage.
• If blood tests show rising or sustained hCG levels, it can suggest the pregnancy is still viable.
• In some cases, hCG levels don’t match the expected decline after a miscarriage, signalling a need for further scans.

Discovery During Unrelated Medical Exams

• Sometimes, a viable pregnancy is found incidentally during medical checks for other issues, revealing that the miscarriage diagnosis was wrong.

Delayed or Absent Symptoms of Miscarriage

• A miscarriage usually involves certain symptoms like heavy bleeding or tissue passage.
• Absence of these signs after a diagnosis might indicate the diagnosis was premature or incorrect.

What to Do if You Suspect the Pregnancy Was Viable After a Miscarriage Diagnosis?

• Request immediate follow-up scans and blood tests.
• Seek a second opinion from an independent obstetrician or gynaecologist.
• Keep detailed records of all symptoms, test results, and consultations.

How to Claim Compensation for a Misdiagnosed Miscarriage

If you believe you have been a victim of medical negligence due to a misdiagnosed miscarriage, here’s a step-by-step guide to help you claim compensation:

Step 1: Seek Medical Advice and Records

First, consult your GP or an independent medical expert to understand the situation better. Obtain all your medical records related to the pregnancy, scans, and treatments. This documentation is crucial evidence in any negligence claim.

Step 2: Contact a Medical Negligence Solicitor

Medical negligence claims can be complex. It’s vital to work with solicitors experienced in miscarriage claims who can review your case and help gather expert medical opinion.

We partner with experienced solicitors who offer no-win, no-fee agreements, meaning you only pay if you win your case.

Step 3: File a Formal Complaint

Before claiming compensation, file a formal complaint with the hospital or healthcare provider. This process can sometimes lead to early resolution or acknowledgment of error.

Step 4: Begin the Legal Claim Process

Your solicitor will:

• Gather evidence, including medical records and expert reports
• Calculate the compensation amount, considering physical injuries, emotional distress, and financial losses (like medical bills and lost earnings)
• Submit a claim to the NHS Resolution (for NHS cases) or private healthcare providers

Step 5: Settlement or Court Proceedings

Most miscarriage compensation claims settle out of court. However, if necessary, your case may proceed to court, where a judge determines liability and compensation.

How Much Compensation Can You Expect?

Compensation amounts vary depending on:

• Severity of physical injuries, such as complications from unnecessary procedures
• Psychological impact and trauma
• Financial losses (medical costs, lost income)
• Future fertility or pregnancy-related issues

Each claim is unique, and expert legal advice is essential for accurate assessment.

Time Limits for Misdiagnosed Miscarriage Claims

You generally have three years from the date you became aware of the negligence to file a claim. For pregnancy-related cases, this might start from when the misdiagnosis was made or when harm became apparent.

Delaying your claim can risk losing your right to compensation, so it’s crucial to act promptly.

FAQs on Misdiagnosed Miscarriage Claims

Q: Can I claim compensation if my miscarriage was correctly diagnosed?
A: Compensation is only available if medical negligence caused unnecessary harm. A correctly diagnosed miscarriage, while tragic, does not usually qualify unless there was negligent treatment.

Q: How long does a miscarriage claim take?
A: Claims can take several months to a few years, depending on case complexity.

Q: Will claiming compensation affect my future pregnancies?
A: No, but you should inform your healthcare provider of any medical history related to past negligence or treatment.

Get In Touch

Misdiagnosed miscarriage claims highlight the critical need for accurate, careful medical diagnosis and compassionate care during pregnancy. If you believe you have been a victim of medical negligence leading to a misdiagnosed miscarriage, don’t hesitate to seek legal advice.

Jefferies Claims can guide you through the process of how to claim compensation. We work with highly experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis and we will give you the support and understanding you need at this difficult time. Call us at 0333 358 3034 for a free no-obligation chat or visit Jefferies Claims Contact Us Page

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.