Case Studies

Damages following negligent removal of retained products of conception


We have settled a claim relating to the surgical evacuation of our client’s retained products of conception (ERPC), performed after she suffered a secondary postpartum haemorrhage. She bled again heavily following surgery, requiring emergency repeat evacuation when a considerable amount of remaining tissue was removed.

It was our client’s case that the first surgical evacuation of the retained products of conception was performed negligently as a large volume of placental tissue was left behind. If there had been a complete evacuation of the uterus at the first ERPC, she would not have required a second surgical procedure. The major haemorrhage, a life threatening situation, would have been avoided along with blood and plasma transfusions and development of post-traumatic stress disorder.

The defendant denied liability. We made every attempt to resolve our client’s claim before proceedings were issued, presenting gynaecological and psychiatric evidence along with witness evidence and a fully pleaded schedule of loss. Following a court case management hearing, the defendant was willing to negotiate and a settlement of £42,500 in damages plus costs was achieved.


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Penningtons Manches LLP

Penningtons Manches LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority. San Francisco is an associated office.

Penningtons Manches LLP