Miscarriage As A Disability

Miscarriage, ectopic pregnancy, and molar pregnancies are often not discussed and can even considered taboo. The lack of conversation around these topics can lead to further emotional stress and feelings of depression and isolation.

Share Lawyers - Miscarriage As A Disability

Breaking the silence about the physical and emotional trauma of losing a baby are the first steps to recovering, healing, and moving forward.

Recently, miscarriage has been deemed a disability in an interim ruling by the Ontario Human Rights Tribunal, signalling a change in Ontario disability law.

Taking the time you need to deal with the impact of a miscarriage should no longer be something you feel you have to face alone. Here is some information you may need to know if you or a loved one has experienced a miscarriage.

What is a miscarriage?

A miscarriage is the loss of a baby before 24 weeks of pregnancy. Studies reveal that anywhere from 10-25% of clinically recognized pregnancies will end in miscarriage, and most miscarriages occur during the first 13 weeks of pregnancy. Loss that occurs after this period is called a late miscarriage, although that is not as common.

Early pregnancy loss can happen when the embryo is not developing as it should. Chromosome problems are thought to be the most common cause, and these problems often happen for no discernible reason.

Some women experience the devastation of recurrent miscarriage, defined as three or more miscarriages in a row. This happens to about one in every one hundred women.

Many can take solace in knowing that three out of every four women who’ve experienced an unexplained miscarriage go on to have a healthy baby.

What are the symptoms of a miscarriage?

The most prevalent symptoms of miscarriage are period-like cramps and heavy bleeding. Some miscarriages are revealed in an early pregnancy scan where the pregnancy sac is empty. This is sometimes called a missed miscarriage and it can be a horrible shock and deeply emotionally painful for those who were expecting a child.

A late miscarriage is particularly difficult for expecting parents. The symptoms include heavy bleeding, labour-like pains, and water breaking.

How can a miscarriage affect your work and daily life?

Depression, anxiety, and grief are all reported symptoms from those experiencing a miscarriage. For many, a major part of a miscarriage is waiting for the fetus to be expelled after being informed the baby has died. This can be an emotionally exhausting time for women who have to continue on with their daily lives while waiting for a miscarriage to naturally occur. Often given no exact date or time frame, the challenging situation of waiting can prove overwhelming.

For some women, the emotional toll of waiting to miscarry naturally is too unpredictable. Healing may only start once having a D&C procedure. A D&C may be recommended for women who miscarry later than 10-12 weeks, have had any complications, or have medical conditions where emergency care could be needed.

For those experiencing recurrent miscarriages, it can often cause a search for answers. Sadly, there are often no medical reasons why the miscarriage occurred. Women who experience repetitive pregnancy loss often report high levels of stress and moderate to severe depression.

What are some common misconceptions about miscarriage?

Some misconceptions about miscarriage is that it’s the fault of the mother. No link has been found between miscarriage and having sex, exercising, or diet.

Often, miscarriage happens for no reason and it is important not to blame yourself.

If you are fired for taking time off work or are denied time off to recover from your miscarriage, what are your rights?

Loss, grieving, and emotional distress are all legitimate ailments that can inhibit your ability to work. It’s important you look over your policy to see what symptoms are listed in terms of short- or long-term disability. There is no fixed time for healing after a miscarriage, and the period of bereavement varies from person to person.

If you are denied by your insurance company, it is essential that you get the time and resources you need to recover. You do not need to suffer in silence or heal in isolation.


Has your disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

We have recently settled cases against SSQ, Manulife, Sun Life, Great West Life, and many more. We love hearing feedback from our clients, so please share your own experience with us.

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