What is a gynaecological claim?
Gynaecology means the ‘science of women’ and relates to the health of reproductive organs. Women need highly specialised medical care for their gynaecology issues.
Gynaecology medical negligence can happen if a medical professional’s treatment is below the expected standard, for example, if a doctor or surgeon causes further injuries or complications to the patient or if the doctor misdiagnoses an illness. This kind of medical negligence may impact you physically, mentally, or emotionally.
Examples of gynaecology claims:
Gynaecology is a major contributor to medical negligence claims. The most common gynaecology errors are divided into misdiagnosis and treatment errors.
Examples of gynaecology misdiagnosis include:
- Failed or delayed diagnosis, such as delayed cervical cancer diagnoses.
- Misinterpreted test results.
- Missed complications after childbirth.
- Failure to assess a patient’s medical history, give appropriate advice, or take consent before procedures.
Examples of gynaecology treatment errors:
- Investigative procedures like a hysteroscopy during vaginal measurement procedures.
- Pelvic floor reconstruction surgeries.
- Laparoscopy (keyhole surgery) errors.
- Damage to internal organs like the bowels, uterus and bladder.
- Infertility issues caused by failed perforation repair or atrophied womb because of serious infections like sepsis.
- Failed sterilisation, including tubal ligation surgery (‘getting your tubes tied’).
- Unnecessary hysterectomies.
- Patient neglect, including receiving a poor physical examination, the wrong medication, or incorrect investigative work.
Other injuries that may result in gynaecological surgery claims can be related to other pregnancy prevention and contraceptive methods, including perforation of the womb during the insertion of a coil, or a pregnancy termination procedure.
What to expect during the gynaecological claims process
Claiming compensation for gynaecology medical negligence can be emotionally and physically challenging. That’s why our experienced team is with you every step of the way to offer guidance and support when making your claim.
Issues of consent are important to any gynaecological treatment. You should be given full advice about the risks and benefits in order to make an informed decision, and signed consent should be taken before any surgical procedure. For example, during a hysterectomy to remove the womb, it would be wrong to also remove the ovaries unless a patient has been advised about this and has given written consent.
If consent isn’t taken before your procedure, or if inappropriate advice has been given, you may be able to make a gynaecology medical negligence claim and receive compensation. You may also have a claim where there have been excessive delays in providing you with treatment.
Women are entitled to recover compensation called ‘general damages’ for pain and suffering during pregnancy and delivery, and loss of earnings during pregnancy. However, a judgement in 2000 held that the costs of bringing up a healthy child can no longer be claimed (see McFarlane v Tayside Health Board). This includes excluding associated loss of earnings.
We understand that it can be difficult to know where to start with the claims process and whether you can claim, so we encourage you to get in contact with a member of our team to discuss your situation. We conduct most of our clinical and medical negligence claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements. So, our clients do not have to worry about how they can fund a claim. You can learn more about our process here.
How long after surgery can you claim?
There is a three-year time limit for issuing Court proceedings for medical negligence claims, including gynaecology negligence claims. This time limit begins on the surgery date or from when you first experienced your injury due to the treatment. If you feel you or a loved one are a victim of medical negligence, we advise you to begin your claim as soon as you can.
We are no strangers to taking on cases with a good chance of success, even if there is time pressure. So, if you think you have left it too late to make a claim, please get in touch regardless, and we will do our best to help you. In some circumstances, the courts do allow claims to proceed outside of the usual primary time limit.
Our experience in gynaecology negligence claims
The team at Medical Solicitors has a vast range of experience assisting with gynaecology negligence claims, from complications caused during surgery to injuries sustained afterward.
- £500,000 for a delayed endometriosis diagnosis: The Claimant was suffering from stage 4 endometriosis at the time of her delayed diagnosis, which was severely affecting her everyday life physically, mentally, and emotionally. She received £500,000 in the settlement to cover pain and injury, past and future financial losses.
- £500,000 for our client who suffered bowel peroration during surgery to remove a fibroid: Her chances of an IVF-assisted conception were taken away as a result and she wished to pursue surrogacy with a donor egg in the United States.
- £80,000 damages for bowel injury during gynaecology surgery: In this case, our client suffered a perforated colon during surgery to remove an ovarian cyst. As a result, she had to wear a colostomy bag for over a year and had to have subsequent surgery. Solicitor Sonia Parkes settled the case, with our client being awarded £80,000 in compensation for her physical and mental suffering, existing and future.
Please read our case studies on gynaecology claims to learn more about our expertise in this field.
Making a gynaecological surgery claim with Medical Solicitors
Gynaecology negligence can have very severe consequences, from infertility to birth injuries and even delayed diagnoses. We understand that making a gynaecology medical negligence claim can be incredibly personal and difficult, which is why our team is with you every step of the way to guide and support you through the claims process.
Our expert team of solicitors has over 30 years of experience dealing with gynaecology claims and will do everything we can to achieve fair compensation for the negligence you have suffered.
If you think you have been affected by gynaecological medical negligence, please do contact our friendly team of specialist lawyers to discuss your next steps. Most of our medical negligence claims are conducted under ‘No Win, No Fee’ agreements, so our clients can focus on starting their recovery without worrying about how they will fund a claim. We look forward to hearing from you.
