Termination of pregnancy is a lawful healthcare service in the Republic of Ireland under the Health (Regulation of Termination of Pregnancy) Act 2018. Patients are entitled to care that is safe, compassionate and carried out in accordance with national clinical guidelines. When standards fall below what a competent practitioner should provide, and this leads to a worse outcome, there may be grounds for a medical negligence claim.
However, it is important to understand that negligence does not arise simply because a complication occurred. In Irish law, a claim requires proof that the harm was avoidable and would not have happened if proper care had been provided.
Common Failures in Termination Services
Incorrect Gestational Assessment
Accurate dating is essential because the procedure offered depends on the stage of pregnancy.
Mistakes here can lead to:
- incomplete termination
- heavier bleeding
- need for additional surgical intervention
If these outcomes were caused by incorrect assessment, negligence may be present.
Procedural Errors
Negligence may arise where a clinician:
- fails to remove pregnancy tissue fully
- uses incorrect technique during a surgical procedure
- provides the wrong dose or type of medication
These errors can result in infection, haemorrhage or avoidable return to hospital.
Delayed Recognition of Complications
Clinicians must monitor patients for signs of:
- sepsis
- retained products of conception
- adverse reaction to medication
A failure to identify and act on these complications promptly can lead to more serious injury.
Poor Counselling and Consent
Irish law requires that patients receive clear, accurate information on:
- risks
- expected recovery
- alternatives
- follow-up care
If a woman was unable to make an informed decision because these duties were not met, this may amount to substandard care.
Understanding When It Is and Is Not Negligence
Not every unexpected outcome is negligent.
To succeed in Ireland, a claim must show:
- Breach of duty – care fell below the standard of a reasonably competent clinician, and
- Causation – the failure led to a worse outcome, such as avoidable injury, prolonged symptoms, or need for additional treatment.
If the same outcome would have happened even with proper care, it will not meet the legal test for negligence.
How We Can Help
At Kearney Law, we understand how distressing negligent treatment during termination of pregnancy can be. Our team will guide you through the legal process with sensitivity, supporting you in securing fair compensation for the harm you have suffered.
📞 Call us today or get in touch online for a free consultation.
