Gynaecology Negligence Claims
What are gynaecological 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 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:
• Failure to diagnose cervical cancer or interpret smear test results properly.
• Failure to diagnose third degree tears after childbirth.
• Failure to diagnose uterine cysts or uterine fibroids.
• Failure to diagnose ovarian cysts.
• Failure to diagnose menstrual disorders.
• Failure to spot damage to other internal organs such as the bladder, bowel and uterus.
• Mistakes in interpreting test results or when examining X-rays.
• Errors when examining a patient’s medical history.
• 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.
Birth injury claims for mothers and their babies are explained in more detail on our designated birth injury claims page.
What is classed as an unnecessary hysterectomy?
Undergoing a hysterectomy involves major surgery and is only recommended when other treatment options haven’t 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 available you may be eligible to make a claim.
What is the process for making a gynaecology claim?
Our specialist medical 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:
A brief outline of the claims process:
1. Initial free, no-obligation assessment to discuss the circumstances surrounding your case. If we believe that your case has good prospects, we will agree to take on your case on a No Win, No Fee basis. If you agree to instruct us as your medical negligence solicitor, we will explain our terms of service and you will sign a conditional fee agreement with us.
2. We will collect evidence to support your case. This will involve applying for copies of your medical records, getting witness statements and instructing an independent medical expert to examine what went wrong.
3. We will inform the Healthcare Trust responsible that we are making a claim against them, and provide them with the details of case.
4. We will advise you on your options based on whether the defendant accepts or denies liability.
5. We will negotiate with the defendant to reach a suitable settlement.
6. If the defendant fails to agree to settle the claim, court proceedings may be necessary. We will support you through the process of attending a court hearing.
Read more about the process of making a medical negligence claim.
How much will my gynaecology negligence claim be worth?
Each gynaecological negligence claim is different, it is therefore impossible to say exactly how much your claim will be worth. Individual circumstances are taken into consideration by your solicitor when quantifying your claim, including:
• The severity of your injuries.
• The affect the injury has had on your life.
• Your current and future loss of earnings.
• Your current and future care needs.
• The cost of ongoing private medical treatment and rehabilitation.
• Travel expenses to and from medical appointments.
• Prescription charges.
Is there a time limit to making a claim?
In most cases, you need to start your clinical negligence claim within three years of receiving the treatment, or within 3 years from the date when you first became aware that your injury or illness was the result of negligence.
Can I make a No Win, No Fee claim?
We will handle your claim on a No Win, No Fee basis. 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 your clinical negligence case is won, you will pay us what is known as a ‘success fee’ which is 25% of the compensation amount obtained.
We will assess the prospects of your case when you contact us and if we deem your case to be admissible we will not take it on.
Read our guide on how personal injury claims are funded for more information.
How long will my claim take?
There are many factors which influence how long it will take for gynaecology claims to settle, including:
- If the defendant accepts liability.
- The severity of your injuries.
- The complexity of your case
On average claims tend to take:
- 18 months – 2 years: For simple cases were liability is accepted.
- Up to 5 years: If court proceedings are needed.
- In excess of 5 years: If the case is complex, liability is denied and the injuries are significant and ongoing.
Whilst clinical negligence claims can take some time to settle, if liability has been admitted it is possible to request interim payments, where a proportion of the likely overall damages are paid to you in advance, before a full and initial settlement can be agreed.
Starting a claim is easy. Call our First Response Team today on 0344 854 7000 or fill in the enquiry form below and we will call you back to discuss your case.
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.