Retained Products of
Conception Claims

Retained Products of Conception, or RPOC, refers to tissue that remains in your uterus (womb) after a pregnancy ends. The tissue is typically placental and/or fetal tissue. Retained placental or fetal tissue can happen after abortion, cesarean birth, miscarriage or vaginal delivery.

RPOC is one of the most common reasons for post-partum bleeding. Studies suggest it happens in up to 40% of second-trimester miscarriages or abortions. It is fairly rare in full-term pregnancies and only occurs in around 1% of these cases.

Postpartum hemorrhage is the most common symptom of RPOC. Other symptoms include:

• Enlarged uterus
• Fever
• Hypomenorrhea (light or infrequent menstrual periods)
• Infection
• Pelvic pain

It can be difficult to diagnose RPOC based on symptoms alone, as they can be similar to other postpartum health issues.

• Human chorionic gonadotropin (hCG) test – This measures the amount of hCG hormone in your blood. The placenta produces this hormone. RPOC may cause high hCG levels after pregnancy if pieces of the placenta are still in your uterus.
• Transvaginal ultrasound – Using an ultrasound probe in the vagina to check for an enlarged or thickened uterine lining.
• Hysteroscopy – Your healthcare provider will insert a thin, lighted rube into your vagina. They examine the inside of your cervix and vagina for abnormal tissue or other problems.

Misoprostol is a drug given either by mouth or through your vagina. It is used to induce labour but in the case of retained products, it will trigger your body to expel or force out any retained tissue.

Dilation and curettage is a minor surgical procedure to remove the contents of the uterus. Your healthcare provider dilates your cervix and uses a curette (small surgical tool) or suction to remove tissue.

Further to your treatment, you will be asked to do a pregnancy test in 2 to 3 weeks after the treatment. If you are well and the test is negative, the treatment has worked.

If you feel that your diagnosis has been delayed or that your treatment has been inappropriate, then you may be entitled to bring about a claim.

The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed. In such circumstances, a claim can be brought about on their behalf, either by an appropriate person or litigation friend if the victim is still with us, or by the executor of the estate of the surviving dependent(s) if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

Claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant medical records and protocols before approaching independent medical experts for their opinion.

We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

• General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
• Special damages – An award for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘No-Win, No Fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations.   If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.