A miscarriage or loss of fertility due to a medical error has a huge impact — not only physically, but also emotionally.
The consequences often touch the most deeply personal aspect of a person's life: having children.
But what if the miscarriage or fertility problems were caused by an error by a doctor, hospital or fertility clinic?
In this article we explain when there is liability, what your rights are and how you can receive compensation.
When is there a medical error in the case of miscarriage or loss of fertility?
A medical error is an act or omission that deviates from what a reasonably competent and careful doctor would do in the same circumstances.
In the case of fertility problems or a miscarriage, this can happen, for example, in the event of:
Careless action during an operation or curettage.
Incorrect use of medical instruments during gynecological procedures.
Infections due to poor hygiene after treatment.
Errors during IVF, ICSI or insemination procedures.
Incorrect diagnosis or missed signals of complications during pregnancy.
Incorrect use of medication or incorrect dosage of hormones.
Sometimes the damage occurs immediately (for example damage to the uterus or fallopian tubes), and sometimes only later - for example when it turns out that natural fertilization is no longer possible.
Examples of medical errors with serious consequences
Careless curettage after a miscarriage
Too deep or careless curettage can damage the uterine lining or damage the uterine wall, making future pregnancies more difficult or impossible.Incorrect placement of an IUD
If an IUD punctures the uterine wall, it can cause scar tissue that affects fertility.Error with IVF or ICSI
Consider switching eggs or sperm, incorrect laboratory procedures or careless handling of embryos.Missed diagnosis of infection or ectopic pregnancy
If doctors intervene too late, this can lead to the loss of a fallopian tube or serious inflammation with permanent damage.
When is the doctor or clinic liable?
A doctor or hospital can be liable when:
The medical treatment is not according to professional standards carried out.
Insufficient information was provided about the risks or alternatives.
The aftercare or monitoring after the procedure was insufficient.
Demonstrable damage was caused by this action (causal connection).
The liability applies not only to individual doctors, but also to the clinic or hospital itself.
On the basis of Article 7:462 BW, the healthcare institution is liable for errors made by its employees and assistants.
Read also:
👉 Causal link in medical errors
👉 Informed consent: right to information and consent
Informed consent and your right to information
With any medical treatment, especially gynecological or fertility interventions, the information and consent obligation applies.
The doctor must fully inform you in advance about:
the nature and purpose of the treatment;
possible risks and complications;
alternative treatment methods;
consequences for your fertility or pregnancy.
If you have not received this information, your consent is not legally valid (informed consent).
This may mean that the treatment was legally unlawful, even if the action was carried out technically correctly.
Read also:
👉 The medical file: inspection, copy and correction
👉 Submit a complaint after a medical error
Psychological damage and sadness after fertility loss
The consequences of fertility loss are not only physical, but especially emotional.
Many women (and their partners) experience grief, guilt, sadness or fear of becoming pregnant again.
This psychological damage is also compensable if it can be demonstrated that it is the result of the medical error.
The compensation for this falls under punitive damages (intangible compensation).
Read also:
👉 Psychological damage due to medical error
👉 Penalties for medical errors
What damage can be compensated?
In the event of a medical error with loss of fertility, you can recover various damages, including:
Material damage:
Medical recovery costs or follow-up treatments.
Costs of fertility treatments (such as IVF).
Travel costs and medication.
Loss of income due to illness or recovery.
Intangible damage:
Sadness, fear and mourning over loss of fertility.
Tensions within relationships or family.
Fear about future pregnancies.
The amount of compensation depends on the severity of the error, the duration and intensity of the grief, and the consequences for your life and future prospects.
What to do if a medical error is suspected?
Request your medical file – this contains crucial information about the treatment.
Record all events and conversations – also e-mails or letters from the doctor or clinic.
Consult a medical advisor – he or she can assess whether culpable action.
Have a specialized lawyer hold the clinic liable.
Read also:
👉 Compensation for damages medical liability
👉 Loss of an opportunity in medical errors
Why Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers We regularly handle cases in which medical errors have led to a miscarriage or loss of fertility.
Our lawyers are specialized in medical liability law and work together with experienced medical experts.
We ensure that:
your case is carefully investigated;
the liable party is fully held accountable;
and you receive free legal assistance (we recover the costs from the other party).
Victim of a medical error with fertility consequences?
Have you had a miscarriage or lost your fertility due to a medical error?
Contact Arslan & Arslan Advocaten for a free assessment of your case.
We ensure that you get what you are entitled to — with personal attention and maximum compensation.