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Gynaecology Negligence Claims
The consequences for women who have suffered due to medical negligence or surgery associated with gynaecological procedures can be devastating. These can include urinary incontinence, severe abdominal and pelvic pain, inability to have sexual intercourse, and even infertility.
If you have been affected due to negligent medical care you may be entitled to make a gynaecology claim. Contact us today on 0344 854 7000 or submit an online enquiry form and we will call you back to discuss your case.
What are common gynaecological negligence claims?
Common examples of compensation claims arising from negligent gynaecological treatment include:
• Cervical cancer.
• Uterine cysts or uterine fibroids.
• Ovarian cysts.
• Menstrual disorders.
• Failure to spot damage to other internal organs such as the bladder, bowel and uterus.
• Surgical mistakes leading to hysterectomy.
• Unnecessary hysterectomy.
• Nerve damage.
• Laparoscopy errors.
• Retained swabs and instruments.
• Damages to internal organs including the bladder, bowel and uterus, particularly during caesarean section.
• Surgical errors leading to urinary incontinence and or/ painful intercourse.
• Episiotomy – second or third degree tears.
• Perineal tears – third and fourth degree.
• Failed sterilisation.
• Injuries during termination of pregnancy.
• Perforating the uterus while inserting a contraceptive coil.
What is classed as an unnecessary hysterectomy?
Undergoing a hysterectomy involves major surgery and is only recommended when other treatment options have not been successful. Common reasons for having a hysterectomy include:
• Cancer of the womb, ovaries or cervix.
• Prolapse of the uterus.
• Pelvic pain caused by endometriosis, pelvic inflammatory disease (PID), adenomyosis or fibroids.
• Heavy periods.
Having a hysterectomy can bring on early menopause. This can be particularly distressing for women who were planning to have children.
If you have had an hysterectomy and feel like you were not properly advised about what alternative therapies or treatments were available you may be eligible to make a claim.
Our specialist clinical negligence solicitors will handle your claim with empathy and sensitivity, making the process as stress-free as possible. Your solicitor will build a case against the NHS or private Healthcare Trust responsible for your injuries, in order to secure a compensation settlement.
What is the time limit for making a clinical negligence claim?
The clinical negligence claims time limit is three years from the date you received the treatment, or three years from when you became aware that your illness or injury was caused due to the treatment you received. This means that you have to have either settled a claim for compensation or issued court proceedings within the three year limit.
There are exceptions such as cases involving children. An appropriate adult (usually a parent) can bring a claim before they reach the age of 18, after which time they have three years from their 18th birthday in which to settle a claim for compensation or have court proceedings issued.
The other exception being where there is a lack of mental capacity and someone else brings a claim for the adult, in which case there is no time limit to make a claim. Read our guide on making a clinical negligence claim on the behalf of a child for more information.
If a loved one has died due to clinical negligence, the three-year time limit runs from the date of death (so long as the time limit has not already expired). We appreciate that it can be a very upsetting time and we will guide you through the process sympathetically.
What will it cost me to bring a claim?
We are no win, no fee clinical negligence solicitors. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.
If you win your case your opponent will pay most of your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:
- The cost of your no win no fee insurance policy (After the Event Insurance)
- Some of your basic legal costs which cannot be recovered from your opponent
- A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.
Details of which will be discussed with you as the case progresses.
Read our guide on how personal injury claims are funded for more information.
How long will my claim take?
The length of clinical negligence claims depends on how long it takes to gather evidence, whether the other party admits fault, the severity of the injury and the extent of the claim for special damages. Straightforward clinical negligence claims may settle within 12-18 months, whereas complex cases may take several years.
How do I make a claim?
You can start the claims process by contacting our First Response Team on 0344 854 7000.
A member of our friendly team will ask you a series of questions to outline the details of your case. Your answers will be analysed by one of our clinical negligence solicitors who will determine if your case has good prospects or not.
Alternatively you can submit your details using our online enquiry form below and we will contact you at a time convenient for you.
TRUE Client Case
Submit Your claim – we will establish who was at fault and submit a claim on your behalf.
Gather the Evidence and Arrange Treatment – we will collect all of the evidence needed to prove your claim, arrange a medical examination for you, and if appropriate arrange treatment to assist with your recovery.
Win Your Claim – we will fight hard on your behalf to recover maximum compensation in the shortest time.
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