baby care

Heavy condemnation for the Argentan maternity hospital after the installation of an IUD on a pregnant woman

Heavy condemnation for the Argentan maternity hospital after the installation of an IUD on a pregnant woman

The Argentan maternity hospital (Orne) was condemned for having placed an IUD in a 24-year-old woman while she was pregnant. ©Le Journal de l’Orne

The Argentan maternity (adorns) was convicted after inserting an IUD on a young woman who had just had a miscarriage without making sure she was not already pregnant.

the Argentan hospital center was ordered to pay just over €86,000 in damages to a couple, after having placed an IUD in 2015 on a 24-year-old young woman who had just made miscarriage without making sure she wasn’t already pregnant… which unfortunately was the case.

Her baby weighed 870 grams

The young woman – who initially did not want to have a fourth child after having already had two on the contraceptive pill – had thus given birth on December 14, 2015 of a child born extremely premature: he weighed 870 grams.

“The risk of very premature birth, for pregnancies evolving with an IUD inserted before pregnancy, is nine to ten times higher than a pregnancy evolving without an IUD”

the legal expert who had been mandated in this case

Intubated on Christmas Day

“There is no medical publication on the evolution of pregnancies in women who have had an IUD inserted during pregnancy,” he added.

Born by caesarean section, the baby had been taken care of in neonatal intensive care before being intubated on christmas day and to undergo a “surgical intervention” at the beginning January 2016.

He remained in “intensive care” for another two months.

The child subsequently had “health problems and developmental delays”, explained the lawyer for the applicant couple.

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The “fault” of the Argentan maternity hospital had prevented her client “from exercising her right to have recourse to a Abortion (Abortion) within the legal deadlines”.

€330,000 to be reimbursed to the CPAM

For these facts, the hospital center must also reimburse €330,000 to the CPAM (Primary health insurance fund) of Orne for the costs she had to pay for her social insurance.

The very principle of the hospital’s liability had in fact already been determined by a previous judgment of the same Administrative Court of Caen (Calvados), rendered in March 2021.

“The pregnancy of Mrs. XXX, which was not desired, was at risk given the presence of the IUD, generating anxiety as to the health of both mother and child”, recalls the administrative court of Caen in a judgment dated November 14, 2022 which has just been made public.

“Mrs. XXX had to interrupt a family life assistant training and was separated from her family during the time of her hospitalization”

the judges of the administrative court of Caen

For his part, the father of the child was “separated from his wife during his hospitalization” and had to “assume custody of their three children”, recall the Caen judges.

He even had to take out a loan to fit out their house and for the baby to have his own room: “given the necessary medical devices” it was “impossible” for him to share his brothers’ room, explain the judges.

The father of the family had to pay, in passing, 282 € of development tax.

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