Retained products of conception claims

Retained products of conception claims

For finding answers and getting justice

The birth of your child should be one of the happiest experiences of your life. However, when the experience is tarnished by medical mistakes, this can cause serious emotional and physical harm. Medical professionals have a responsibility to meet a high standard of care during childbirth and a failure to act, or a delay in diagnosis, can have very serious consequences.

When a doctor suspects retained products of conception - a situation in which the placenta is not fully evacuated from the uterus after childbirth - they must order an ultrasound scan and start the process of removing the remaining placenta. If they don’t, patients are at risk of serious harm. If this happened to you, you may be entitled to claim compensation for the suffering you experienced.

Switalskis’ medical negligence experts have significant experience in making retained products of conception claims on behalf of those who have suffered. Compensation can make your recovery from the incident more comfortable and support you in the early stages of parenthood. The process can also help to secure justice for what happened to you, and prevent similar mistakes from being made in the future.

To start the process of making a claim or to talk about your circumstances, get in touch with Switalskis today. Call our friendly team on 0800 1380 458 or get in touch through the website.

How Switalskis can help you

At Switalskis, our services are always tailored to each person and their circumstances. We start the process by listening to your story. From there, we’ll talk about what to expect from your case and how it might conclude. That way, we can make sure we’re on the same page and working towards the outcomes you want.

Prioritising communication also makes it easier for us to gather evidence and build the strongest possible case for your claim. We may need to review medical records and ask sensitive questions, but by building trust with each other, we can make sure you have the highest possible chance of a successful claim.

Members of Switalskis’ clinical negligence team have been accredited by the Law Society and AvMA (Action against Medical Accidents ), in recognition of their expertise and the high levels of service they deliver. If you need legal support you can rely on, get in touch with Switalskis today to start your retained products of conception compensation claim.

Read what our clients had to say about the help they received from Switalskis

What are retained products of conception?

The term ‘retained products of conception’ refers to or foetal tissue that remains in the uterus following childbirth or a miscarriage. In most cases, the placenta is expelled from the body naturally after childbirth and medical staff will check for completeness. This means they need to make sure that the whole placenta has left the body. If it hasn’t, this means that some retained products of conception remain inside.

If doctors believe there are retained products of conception in the uterus, they must act quickly to remove them. This usually means performing an urgent ultrasound scan to identify any or foetal tissue. From there, doctors may prescribe a drug to trigger expulsion of the retained products or carry out a surgical procedure to remove them from the uterus.

The most common of the retained products of conception symptoms that doctors usually see is excessive bleeding. Doctors should react quickly to diagnose this problem as it can have a significant impact on the health of the patient.

A failure to test for retained products in the face of clear symptoms can lead to severe complications, including serious infections and excessive bleeding. This could entitle a patient to make a medical negligence claim against the doctors who failed them. There are also risks involved if your doctor needs to perform a surgical procedure to remove a retained placenta - a procedure that is carried out incorrectly could result in injury, including a perforated uterus.

Whatever your circumstances, if you were made to suffer because a medical professional failed to deal with retained products of conception to the expected standard, you may be entitled to compensation.

For support in making a retained products of conception claim for compensation, call Switalskis on 0800 138 0458 now or via our form.

What is the process for retained products of conception claims?

Every medical negligence claim is different. The claims process, the time it takes and the amount of compensation you could receive will all depend on the specific circumstances you faced, and how the defendant responds. However, while the details may differ, the claims process will generally follow the same key milestones in each case.

Step 1: Initial consultation

In this first meeting, we'll speak to you about the unique aspects of your case. We'll need to understand both the parent and baby's conditions, the events leading up to the negligent incident and the impact it's had on your lives. This consultation will help us form a clear picture of your situation and highlight what we need to investigate further.

Step 2: Establishing your claim

After this, we'll investigate the circumstances surrounding the birth and medical care surrounding the retained products of conception. This will involve obtaining and reviewing medical records, consulting with and instructing independent medical experts specialising in birth trauma, and investigating the care provided. Our aim will be to prove that any harm you suffered was caused by medical negligence, and then to start to work out how much compensation you might be entitled to receive.

Step 3: Notifying the defendant - letters of claim and response

once we gather enough evidence, we'll send a letter of claim to the healthcare professionals involved. This letter will outline the full details of your retained products compensation claim and the evidence supporting it. The defendant will then generally have four months to respond, allowing them time to conduct their investigation and decide whether to accept liability or not. This can often be longer, particularly with birth injury claims.

Step 4: Defendant’s response

After the defendant has responded, our expert retained product solicitors will begin negotiations. Using our extensive expertise and experience, we'll work to establish who was at fault and secure the highest possible compensation amount for you and your family.

Step 5: Court proceedings (where necessary)

Most claims are settled through negotiation, resulting in a fair settlement without the need to go to court. However, we often have to issue court proceedings to secure a result. We may need to take your claim to trial. Should this happen, we'll be with you every step of the way, providing the full support and representation you need.

Step 6: Settlement and compensation

If your claim is successful, you'll receive compensation. The amount will be calculated to reflect the pain and suffering you've been through, and any support you have used or will need in the future to overcome the trauma you experienced.

While the process might look simple, it rarely feels that way when you’re in the middle of it. That’s why it’s vital to work with a legal representative who will stay in touch and keep you up to date with how your claim is progressing. At Switalskis, we’re committed to unburdening our clients by taking on the responsibility of pushing their claims forward and keeping them in the loop at all times.

Is there a time limit on making a retained products of conception claim?

In cases of clinical negligence, patients who suffered typically have up to three years to start a claim. This is known as the limitation period. The limitation period usually begins on the date of the negligent incident, although in some cases it may begin on the date that you became aware (or should have become aware) that negligence was the cause of the harm you experienced.

The limitation period may not apply in all cases. For example, the rules are different for cases involving:

  • Children: if the person who suffered the negligence was under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: if the person who suffered the negligence lacks the mental capacity to make their own decisions, there may be no time limit for making a claim on their behalf.
  • Fatal cases: if you’re claiming on behalf of a deceased family member who passed away due to complications arising from retained products of conception, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

It’s always best to act as soon as possible in these situations, to avoid missing out on your right to claim. If you’re unsure about your eligibility, contact the team at Switalskis. We’ll have a sensitive and open conversation about your situation and advise you on the next steps.

How can I fund a medical negligence claim?

Often, people feel daunted about the process of making a compensation claim because they believe it will be expensive. At Switalskis, we don’t think that anyone should be put off from making a claim because they can’t afford to. There are several different ways to fund a case that takes away the financial risk and allow you to pursue justice without fear of losing money.

  • No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a retained products of conception claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
  • Legal Aid: in rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

These options may only be relevant in certain cases. When you call the team at Switalskis, we’ll talk you through the available options in more detail and make sure your legal fees are taken care of, so you have nothing to worry about if your claim is unsuccessful. We’ll always work as hard as we can to secure a successful outcome for you and negotiate the highest amount of compensation possible.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458,or get in touch via our form.

Our retained products of conception claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why Switalskis?

The pain and suffering you can experience when medical professionals fail to effectively treat retained products of conception can cast a shadow over what should be the most special of occasions. In the most serious cases, you may be left dealing with an infection that can mar the experience of becoming a new mother and leave you with trauma and emotional harm on top of physical pain.

Clarity in complexity

Legal processes and terminology can be difficult to understand. At Switalskis, we’re committed to communication, and we’ll break everything down into language you can understand. Our solicitors will be available to answer any questions you may have and make sure you’re empowered to make decisions about your case with the right information at your disposal.

Empathy at every step

Dealing with complications from retained products of conception has an emotional toll as well as a physical one. Switalskis’ medical negligence solicitors are trained to offer more than just strong legal advice - we’ll also offer emotional support through your recovery process and legal claim.

Expertise you can trust

Our team has a proven track record of success in making medical negligence claims. Thanks to our experience, we’re always prepared for any eventuality in how the case might unfold, and we’re confident in the high standard of our legal advice. You need legal support you can rely on, and that’s exactly what you’ll get from Switalskis.

Championing your rights

Making a claim isn’t just about compensation for your injuries. It’s also about justice and accountability. It’s important to us that we amplify your voice and uphold your rights throughout the process. By taking this step, you can also help to make sure that similar acts of negligence don’t happen to other people in the future.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

If medical professionals failed to correctly assess completeness or to detect retained tissue and you suffered harm as a result, it’s important to take action. Compensation can help to put things right.

Get in touch with Switalskis today on 0800 1380 458 or through the website.

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