An intrauterine device (IUD) is one of the most effective forms of birth control, but no birth control device can prevent pregnancy in every case. For some people, pregnancy with an IUD happens even when a doctor or nurse has provided the correct care. In other cases, it may happen because something went wrong with the way the device was fitted, checked or managed.

If you became pregnant while using an IUD, you may feel shocked, anxious and unsure about what should happen next. You may also have questions about whether the pregnancy could have been avoided, especially if you raised concerns about pain, bleeding, missing threads or other symptoms before finding out you were pregnant.

In England and Wales, you may be able to make a medical negligence claim if your healthcare provider failed to deliver care of a reasonable standard, and this caused an unwanted pregnancy, physical injury, complications or a recognised psychological injury. This may be known as a wrongful conception claim, or sometimes a wrongful pregnancy claim.

A claim will not usually be possible simply because the IUD failed. However, if there were avoidable mistakes in your care, such as incorrect insertion, poor follow-up, failure to check the device was in the right place or a delay in diagnosing an ectopic pregnancy, you may have legal options.

In this guide, we explain how IUDs work, what can go wrong, when medical negligence may lead to a claim, and what evidence may help to show that your pregnancy or injury could have been avoided.

What Is an IUD and How Does It Prevent Pregnancy?

An IUD is a small, T-shaped birth control device that is placed inside the uterus by a doctor or nurse. It is designed to prevent pregnancy when in place and can remain for several years, depending on the type of device used.

There are two main types of intrauterine device:

• Copper IUD: this releases copper into the uterus, which affects sperm and eggs and helps to prevent pregnancy.
• Hormonal IUS (intrauterine system): this releases a hormone called progestogen, which thickens the mucus in the cervix and may also thin the lining of the uterus.

These medical devices are a form of long-acting, reversible birth control. This means it can provide protection against pregnancy for a long period of time, but it can also be removed if a person wants to try to become pregnant or use a different birth control method.

When an IUD is fitted, the doctor or nurse should usually check that it is suitable for the person, explain the possible risks, and make sure the device has been inserted correctly. They should also explain what symptoms to look out for afterwards, and what to do if there is pain, unusual bleeding, missing threads or concerns that the device has moved.

Although an IUD is a highly effective form of birth control, as with all forms of contraception it is not guaranteed to prevent pregnancy in every case. Pregnancy with an IUD occurs rarely, but when it does, it is important to seek medical advice as soon as possible. This is because a pregnancy with an IUD in place can carry a higher risk of ectopic pregnancy, where the pregnancy develops outside the uterus, often in a fallopian tube.

The NHS provides guidance on IUD contraception and advises people to seek urgent medical help if they have symptoms that may suggest an ectopic pregnancy, including severe pain, vaginal bleeding, shoulder tip pain, dizziness or fainting.

What Can Go Wrong With an IUD?

Most people who use an IUD do not become pregnant while the device is in place. However, there are circumstances where an IUD may not work as intended, or where symptoms after fitting should be checked by a doctor or nurse.

Problems can include:

• The IUD being inserted incorrectly: if the device is not placed properly in the uterus, it may not prevent pregnancy as intended.
• The IUD moving out of position: the device can sometimes move, which may reduce its effectiveness and cause pain or bleeding.
• The IUD being expelled: in some cases, the uterus pushes the device out. A person may notice this has happened, but it can also happen without obvious signs.
• Missing or changed threads: if the IUD threads feel shorter, longer or cannot be felt, this may suggest the device has moved or come out.
• Pain or bleeding after fitting: some discomfort and bleeding can happen after insertion, but severe pain, ongoing pain or unusual vaginal bleeding should be assessed.
• Pregnancy despite the IUD: pregnancy can still happen, even when the IUD has been fitted correctly.
• Ectopic pregnancy: if a person becomes pregnant with an IUD in place, there is a higher risk that the pregnancy may be ectopic, which means it develops outside the uterus, often in a fallopian tube.
• Injury during insertion or removal: rarely, an IUD can cause damage to the uterus or surrounding organs, including organ perforation, which may require surgery.

Not every problem with an IUD means there has been medical negligence. However, concerns may arise where these issues arise as a direct result of errors on the part of a medical professional responsible for your care.

Under What Circumstances Can I Make a Claim?

You may be able to make a medical negligence claim if you became pregnant with an IUD because the care you received fell below a reasonable standard. This means showing that a doctor, nurse, clinic or hospital made an avoidable mistake, and that this caused you harm.

A claim may be possible if:

• The IUD was inserted incorrectly: if the birth control device was not placed properly in the uterus, it may not have worked as intended.
• The IUD was not properly checked: if there were concerns about the position of the device, and a doctor failed to take appropriate steps to investigate.
• A pre-existing pregnancy was missed: if a doctor performing the fitting of the IUD failed to check whether you were already pregnant, and that this should reasonably have been identified.
• You were not properly advised about the risks: this may include not being told about possible risks, warning signs, follow-up steps, or what to do if you could not feel the threads.
• Your symptoms were not investigated: severe pain, unusual vaginal bleeding, missing threads, or symptoms suggesting the IUD had moved should usually be assessed.
• An ectopic pregnancy was diagnosed late: if pregnancy occurs with an IUD in place, doctors and nurses should consider whether it may be ectopic, especially where there is pain, bleeding, dizziness or fainting.
• An IUD injury was not identified or treated appropriately: this may include injury to the uterus, device migration, organ perforation or complications that require surgery.

The key question is whether the same outcome would probably have happened if reasonable care had been provided. If the IUD failed despite correct insertion, appropriate advice and proper follow-up, there may not be grounds for a claim. However, where a professional's negligence caused an unwanted pregnancy, avoidable injury or a recognised psychological injury, you may have a potential claim.

A claim may also need to consider whether there was a problem with the IUD device itself. This is different from a claim about negligent care by a doctor, nurse, clinic or hospital. For example, there may be concerns that the birth control device was defective, failed unexpectedly, broke, migrated, or did not perform in the way it should have done. In these cases, it may be necessary to investigate the device, the manufacturer’s warnings, the product information provided to patients and whether there is evidence of a wider issue with that type of IUD. If there are concerns about both the device and the care you received, a solicitor can help to identify the correct legal route and whether your claim should focus on medical negligence, a product issue or both.

Wrongful conception claims can be deeply personal. It is important to remember that these claims are not about suggesting that a child is unwanted or not valued. They are about recognising the impact of negligent contraceptive care, and the physical, psychological and financial consequences this can cause for the person affected.

How to Make a Wrongful Conception Claim

A wrongful conception claim is a type of pregnancy negligence claim. It may arise where negligent contraceptive care led to an unwanted pregnancy, or where poor care after an IUD fitting caused avoidable harm.

To make a claim, you will usually need to show that the doctor, nurse, clinic or hospital owed you a duty of care, that the care fell below a reasonable standard and that this caused harm that could have been avoided.

What evidence may support a claim?

Evidence helps to show what happened, what should have happened, and how the negligence affected you. This may include:

• Medical records: these can include GP records, sexual health clinic notes, hospital records, maternity records and any records relating to the IUD fitting.
• IUD fitting and follow-up records: these may show when the device was inserted, who fitted it, what advice was given, and whether any checks were carried out.
• Pregnancy test and ultrasound results: these can help to show when the pregnancy was identified, where it was located, and whether there were concerns about ectopic pregnancy.
• Records of symptoms: notes about severe pain, vaginal bleeding, missing threads, dizziness, fainting or other symptoms can help to show when concerns first arose.
• Appointment timelines: a written timeline can help to show when you asked for help, what you were told, and whether your concerns were acted on.
• Evidence from other people: someone who attended appointments with you may be able to explain what was said and how your symptoms affected you.
• Evidence of financial impact: this may include lost earnings, care needs, travel costs and other expenses linked to the negligence.
• Independent medical expert evidence: an expert may be asked to review the care you received and explain whether it met a reasonable standard.

What is the claims process?

When you contact JMW, our medical negligence solicitors will listen to what happened and explain whether you may have a potential claim. We will then gather the evidence needed to investigate your case properly.

The process usually includes:

• Taking your account: we will ask you about the IUD fitting, any symptoms you experienced, when you found out you were pregnant, and how this affected you.
• Obtaining your medical records: we will request records from your GP, sexual health clinic, hospital, maternity unit or any other relevant service.
• Reviewing the care you received: we will look at whether a doctor, nurse, clinic or hospital acted reasonably at each stage.
• Instructing independent medical experts: where needed, we will ask experts to comment on the standard of care and whether any negligence caused your pregnancy, injury or complications.
• Explaining your legal options: once the evidence has been reviewed, we will advise you on whether the claim should be pursued.
• Pursuing compensation: where the evidence supports a claim, we will seek compensation for the harm caused by the negligent care.

There are also time limits for making a medical negligence claim. In most cases in England and Wales, you usually have three years to start a claim from the date the negligence happened, or from the date you first knew that negligent care may have caused you harm. This is sometimes called the date of knowledge. The time limit works differently for those under 18 or for people who do not have the mental capacity to make decisions about a claim. If you are unsure when the time limit started, it is best to seek advice as soon as possible so a solicitor can review the dates and explain your options.

What can compensation cover?

Compensation in a wrongful conception claim depends on the circumstances of the case and the impact the negligent care has had on your life. It may take into account the physical effects of the pregnancy, any complications you experienced, and the practical consequences of needing further medical care, treatment or surgery.

A claim may include:

• Physical pain and injury: including pain linked to pregnancy, an IUD injury, ectopic pregnancy, device migration, organ perforation or surgery.
• Psychological injury: where the negligence caused a recognised psychological injury that can be evidenced.
• Loss of earnings: if you needed time away from work because of the pregnancy, complications, surgery or recovery.
• Care and support needs: including help provided by relatives, friends or paid carers while you recovered.
• Medical and travel expenses: such as the cost of attending appointments, scans, hospital treatment or follow-up care.
• Additional costs linked to the negligence: including other reasonable financial losses caused by the negligent care.

In some wrongful conception claims, compensation may also consider the impact of a child being born with health needs linked to the negligence. The exact position depends on the facts of the case, so a solicitor will need to review the medical evidence, the legal issues and the full effect on you and your family.

Learn more about the medical negligence claims process.

What If the IUD Caused an Injury?

In some cases, the main concern is not only that pregnancy occurred, but that the IUD caused a physical injury. This can happen during insertion, while the device is in place, or during removal.

An IUD injury may involve:

• Damage to the uterus: this may happen if the device is inserted incorrectly or moves after fitting.
• Organ perforation: in rare cases, the IUD may pass through the wall of the uterus and affect nearby organs.
• Device migration: the IUD may move from its intended position, which can cause pain, bleeding or reduced protection against pregnancy.
• Injury involving a fallopian tube: this may be relevant where there is an ectopic pregnancy or where the device has affected nearby structures.
• Surgery to remove the device: if the IUD cannot be removed in the usual way, or if it has moved, surgery may be needed.
• Ongoing symptoms: some people experience continuing pain, bleeding, fertility concerns or psychological impact after an IUD injury.

An injury does not automatically mean there has been medical negligence. However, a claim may be possible if a doctor or nurse inserted the device incorrectly, failed to respond to symptoms, failed to arrange appropriate checks or did not identify that the IUD had moved or caused damage.

An IUD injury claim may be linked to a wrongful conception claim if the same negligent care caused both the injury and the pregnancy. In other cases, the injury itself may be the main basis of the claim. For example, if a person needed surgery because an IUD was inserted incorrectly or a complication was not identified promptly, they may be able to claim for the physical and psychological impact of that injury.

There may also be circumstances where the injury was caused by a problem with the device itself, rather than the way it was fitted or managed. If an IUD was unreasonably unsafe, flawed in its design, affected by a manufacturing issue or supplied with inadequate warnings, the manufacturer may be legally responsible for the harm caused. This would usually be considered separately from a medical negligence claim, although both issues may need to be investigated if there are concerns about the device and the care you received. A solicitor can review the medical evidence, product information and the circumstances of your injury to help identify the right legal route.

If you are worried that your IUD caused harm, it is important to seek medical advice from a GP, sexual health clinic, doctor or nurse. This is especially important if you have severe pain, unusual vaginal bleeding, dizziness, fainting or symptoms that make you feel something is not right.