A miscarriage or the loss of fertility due to a medical error has an enormous impact — not only physically, but also emotionally.
The consequences often affect the deepest personal aspect of someone’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 obtain compensation.

When is a medical error considered to have occurred in cases of miscarriage or loss of fertility?

A medical error is an act or omission that deviates from what a reasonably competent and careful physician would do under the same circumstances.
In cases of fertility problems or miscarriage, this can occur, for example, in:

• Careless conduct during surgery or curettage.

• Incorrect use of medical instruments during gynecological procedures.

• Infections due to poor hygiene after a treatment.

• Errors in IVF, ICSI, or insemination procedures.

• Incorrect diagnosis or missed signs of complications during pregnancy.

• Incorrect medication use or incorrect hormone dosing.

Sometimes the damage occurs immediately (for example, damage to the uterus or fallopian tubes), and sometimes only later — for example, when it becomes apparent that natural conception is no longer possible.

Examples of medical errors with serious consequences

1. Improper curettage after a miscarriage
   An overly deep or improper curettage can damage the endometrium or the uterine wall, making future pregnancies more difficult or impossible.

2. Incorrect placement of an IUD
   If an IUD perforates the uterine wall, it can cause scar tissue that impairs fertility.

3. Error during IVF or ICSI
   Think of switching eggs or sperm, incorrect laboratory procedures, or careless handling of embryos.

4. Missed diagnosis of infection or ectopic pregnancy
   If doctors intervene too late, this can lead to the loss of a fallopian tube or severe inflammation with permanent damage.

When is the doctor or clinic liable?

A doctor or hospital can be liable when:

1. The medical treatment was not performed according to the professional standard.

2. Insufficient information was provided about the risks or alternatives.

3. The aftercare or follow-up after the procedure was inadequate.

4. Demonstrable damage has resulted from this conduct (causal link).

Liability applies not only to individual doctors but also to the clinic or the hospital itself.
On the basis of Article 7:462 of the Dutch Civil Code the healthcare institution is liable for errors by its employees and auxiliary persons.

Read also:
👉 Causal link in medical errors
👉 Informed consent: right to information and consent

Informed consent and your right to information

For every medical treatment, especially gynecological or fertility procedures, the information and consent obligation.
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 did not receive this information, your consent is not legally valid (informed consent).
That can mean that the treatment was unlawful in legal terms, even if the procedure was performed correctly from a technical standpoint.

Read also:
👉 The medical record: access, copy and correction
👉 Filing a complaint after a medical error

Psychological harm and grief after fertility loss

The consequences of fertility loss are not only physical, but above all emotional.
Many women (and their partners) experience grief, guilt, sadness or fear of becoming pregnant again.

This psychological harm is also compensable if it can be demonstrated that it is the result of the medical error.
The compensation for this falls under compensation for pain and suffering (compensation for non-material damage).

Read also:
👉 Psychological harm due to medical error
👉 Pain and suffering compensation for medical errors

What damages can be compensated?

In the case of a medical error causing loss of fertility, you can claim various types of damages, including:

Material damage:

• Medical recovery costs or follow-up treatments.

• Costs of fertility treatments (such as IVF).

• Travel expenses and medication.

• Loss of income due to illness or recovery.

Non-material damage:

• Grief, anxiety, and mourning over the loss of fertility.

• Tensions within relationships or the family.

• Fear of 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 you suspect a medical error?

1. Request your medical records – this contains crucial information about the treatment.

2. Record all events and conversations – also emails or letters from the doctor or clinic.

3. Consult a medical advisor – they can assess whether there has been negligent conduct.

4. Have a specialized lawyer hold the clinic liable.

Also read:
👉 Compensation for medical liability
👉 Loss of a chance due to medical errors

Why Arslan & Arslan Attorneys?

At Arslan & Arslan Attorneys we regularly handle cases in which medical errors have led to a miscarriage or loss of fertility.
Our attorneys are specialized in medical liability law and work together with experienced medical experts.

We ensure that:

• your case is carefully investigated;

• the responsible party is held fully accountable;

• and you a free legal assistance receive (we recover the costs from the opposing party).

Victim of a medical error with fertility-related consequences?

Have you had a miscarriage or lost your fertility due to a medical error?
Contact Arslan & Arslan Attorneys for a free evaluation of your case.
We make sure you get what you are entitled to — with personal attention and maximum compensation.