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A Guide On Gynaecology Medical Negligence
Learn about gynaecology medical negligence claims and how they help claimants to move forward with recovery.
£85 million in compensation
A Guide On Gynaecology Medical Negligence
Learn about gynaecology medical negligence claims and how they help claimants to move forward with recovery.
A Guide On Claiming For Gynaecology Medical Negligence
Gynaecological care requires a lot of trust between medical professionals and patients. When this trust is broken because of substandard care, it can have devastating consequences, especially if that leads to otherwise avoidable harm. If you have suffered unnecessarily because of gynaecology medical negligence, please continue reading to find out if you could make a claim.
Essential Information
- You may be able to claim compensation if you suffered unnecessary harm because of substandard medical care.
- Usually, you have 3 years to start a medical negligence claim. There are exceptions to this, as we will explain in this guide.
- Compensation may cover your pain, suffering, and associated financial losses.
- Our team of advisors are available 24/7 to answer queries about claiming compensation.
- You could be eligible to work with one of our medical negligence solicitors on a No Win No Fee contract.
Speak with a JF Law advisor today for a sensitive assessment of your case, free of charge. They can also fully explain the claims process and answer any questions you might have about our expert solicitors. Enquire today:
- Call us on 0151 375 9916
- Complete our online contact form
What Is Classed As Gynaecology Medical Negligence?
Gynaecology medical negligence is any act (or a failure to act) that results in a patient suffering unnecessarily because of substandard care. Below, you can read some examples of situations that may give rise to potentially valid medical negligence claims:
- A doctor misdiagnoses you with cervical cancer when they misinterpret your results. You undergo chemotherapy, which causes severe side effects that have a lasting impact on your physical and mental health. At a later date, you discover that this treatment was not necessary.
- You stay in a hospital while recovering from a pelvic laparoscopy to treat ovarian cysts. Due to inadequate hygiene standards caused by staff not routinely washing their hands between patients, you contract an infection that leaves you with organ damage.
- While having a contraceptive coil inserted, your doctor perforates your uterus. They had attempted to rush the procedure to accommodate a busy schedule and did not take adequate care during the procedure.
- Negligence in relation to the treatment of endometriosis.
- You need a surgical procedure to remove your fallopian tubes. During the operation, a surgeon leaves a foreign body inside you after closing up. This results in a severe infection and further surgical intervention.
- During a surgical abortion, an anaesthetist doesn’t notice that they have given you the wrong dosage. You wake up during the surgery, resulting in pain and long-term psychological trauma.
Gynaecology is a complex and diverse area of medicine, so our examples may not have covered your situation. If you’d like to share your experience, please do not hesitate to contact an advisor at your earliest convenience. They can let you know if you are eligible to start a medical negligence claim.
Is Medical Negligence The Cause Of All Gynaecological Injuries?
No, medical negligence is not the sole cause of all gynaecological injuries. In some cases, issues can arise that are outside of a medical professional’s control. After all, every medical treatment comes with some degree of risk, such as infections or heavy bleeding.
There is a marked difference between the general risks associated with treatment and gynaecological issues caused by inadequate treatment. We will provide you with more details on this in the next section. You can also reach out to our advisory team for a personalised discussion of medical negligence.
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Can I Make A Gynaecology Compensation Claim?
You can make a gynaecological compensation claim if it can be shown that:
- A medical professional or facility (e.g. a hospital) owed you a duty of care
- There was a failure to meet this duty because the expected minimum standard of care wasn’t provided
- This failure caused you to suffer harm unnecessarily
When researching medical negligence, many potential claimants wonder what constitutes a medical duty of care. Simply put, any medical professional or facility providing you with treatment must give the correct standard of care.
Doctors can refer to the General Medical Council (GMC) for resources. The role of the GMC is to establish patient care standards in the UK and ensure that doctors have the necessary guidance to meet these standards.
As mentioned earlier in this guide, it’s important to note that the harm you experienced must have been avoidable. There are times when harm is a necessary part of medical treatment. For instance, if you needed a hysterectomy in order to treat cancer, you will likely experience some degree of pain after surgery. This type of harm would be considered unavoidable.
To better understand unnecessary harm, you can read the examples provided earlier in the guide. You are also welcome to speak with our advisors, who are here to explain anything you are unsure of.
How Long Will I Have To Bring A Gynaecology Claim?
You will usually have 3 years to bring a gynaecology claim, typically beginning from the date of the medical negligence. The Limitation Act 1980 determines this. However, this limitation period could also start from the date that you discovered you received negligent treatment. This is because the cause of harm is not always immediately obvious.
There are also exceptions to this time limit that need to be considered when it comes to cases involving a person who is under 18 or mentally incapacitated. Neither group is able to claim for themselves, meaning time limits are paused.
In such cases, the 3-year time limit will only begin on the date that a claimant:
- Turns 18
- Recovers their mental capacity. If that doesn’t happen, then time limits are frozen indefinitely
In either situation, a loved one or other eligible adult (such as a solicitor) may act as their litigation friend. This role allows someone to begin a claim on behalf of another while time limits are suspended.it m
You can discuss the specific nature of your case with one of our advisors at no charge. They will determine how the time limit applies to your particular clinical negligence claim.
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What Do I Need To Prove Gynaecology Negligence?
You will need evidence like copies of your medical records to prove gynaecology negligence. These may outline your symptoms, diagnosis, and any issues that you experienced as a result of substandard care. Additionally, you can support your clinical negligence case by supplying:
- Correspondence from the healthcare provider. In some instances, you may receive written communication to confirm that you received negligent treatment
- A written timeline and diary of the symptoms experienced after your gynaecological treatment
- The contact details of people who witnessed your treatment. Your solicitor can then write up a witness statement at a later date
- A personal diary detailing your treatment and the impact on your health
You may have also seen the term ‘Bolam test’ while researching medical negligence claims. This is where a panel of medical professionals (with gynaecological expertise in this instance) discuss the specifics of your case. They will then present their findings to confirm whether they believe that your treatment was negligent.
If a Bolam test is required to strengthen your gynaecology negligence claim, your solicitor will organise this for you and explain the process. At JF Law, our solicitors also provide assistance with the task of gathering and presenting evidence to strengthen claims like yours.
Get in touch with our advisors today to discuss what evidence might be required to support your case. They can also explain how one of our solicitors can help with the collection of evidence.
What Gynaecology Medical Negligence Compensation Could Be Awarded?
In successful claims, gynaecology medical negligence compensation may consist of 2 damages:
- General damages: The starting point of a claim. It considers the extent and impact of your pain and suffering, as well as any effect on your quality of life.
- Special damages: The financial losses that arose as a direct result of the avoidable harm you experienced.
The Judicial College Guidelines (JCG) are frequently read by legal professionals while evaluating general damages. The JCG is useful here as it gives compensation guideline brackets based on the severity and type of the harm. We have included some of these brackets in our table below.
Please note that since the JCG brackets are purely suggestive, the table does not guarantee compensation. Additionally, keep in mind that the initial row isn’t from the JCG.
| Type of Harm | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple very severe forms of harm with financial losses | Severe | Up to £500,000+ | Multiple instances of very severe harm with special damages, such as a loss of income |
| Female Reproductive System | Infertility (a) | £140,210 to £207,260 | The claimant’s experience of infertility will be combined with symptoms such as sexual dysfunction, pain, and severe depression and anxiety |
| Sexual dysfunction (b) | £52,490 to £124,620 | The dysfunction will likely be permanent in cases of individuals who have children or wouldn’t have them in any event | |
| Infertility without aggravating features (c) | £68,440 to £87,070 | Infertility affecting a young person who does not have children. Besides a lack of aggravating features, the claimant will also not experience sexual dysfunction | |
| Infertility without sexual dysfunction or medical complications (d) | £21,920 to £44,840 | The impacted person will already have children. Bracket’s upper end would be appropriate in cases where a claimant will have a psychological reaction that is significant | |
| Infertility impacting a person who wouldn’t have had children (e) | £8,060 to £22,800 | For instance, a claimant may not have had a child in any event because of their age | |
| Delayed diagnosis of ectopic pregnancy without any impact on fertility (f) | £4,140 to £24,930 | Compensation will be assessed based on factors such as the degree of pain, bleeding, anxiety, and whether the claimant has resultingly had 1 of their fallopian tubes removed | |
| Failed sterilisation resulting in unwanted pregnancy (g) | In the region of £12,450 | The impacted party will not experience serious psychological effects or depression | |
| Psychiatric damage generally | Severe (a) | £66,920 to £141,240 | Factors considered include claimant’s ability to cope with life, the impact on relationships, and the degree to which any treatment would be a success |
Gynaecology Special Damages
Special damages in gynaecology negligence claims enable individuals to recover the financial costs resulting from their unnecessary suffering. Examples of special damages include:
- A loss of income, future earnings, pension contributions, and work-related perks
- The cost of hiring a carer or the expense of assistance from loved ones
- Payments for home adjustments to improve accessibility, such as handrails or a walk-in shower
- Medical expenses, including prescriptions, occupational therapy, and private treatments
- Travel costs incurred going back and forth between medical appointments
No matter what loss you claim for, it will need to be proven with evidence. For example, to claim for lost earnings, you can provide payslips to demonstrate your typical monthly income.
How Long Will It Be Until I Get My Compensation?
The time it takes to receive your gynaecology medical negligence compensation will depend on the circumstances of your case. That is because each case is influenced by its own unique circumstances, including:
- Evidence: Legal professionals need to review each piece of evidence, some of which may be more complex in nature than others
- Negotiations: In some cases, negotiations may involve back-and-forth offers before a settlement is reached. However, there are very rare instances where negotiations will fail and require the claim to be heard in court
- Treatment: Depending on the harm you suffered, you may still need treatment to support your recovery. That may make your prognosis unclear and delay an assessment of your condition
- Liability: If the defending party doesn’t accept liability straightaway, it may mean that your solicitor has to take longer to build a strong body of evidence to support your claim
If you are worried about how long it could take to get compensation, why not get in touch with our advisors? They can provide you with more details and answer any queries you might have about compensation in general.
What Complications Could Negligent Gynaecology Cause?
Negligent gynaecology could cause a variety of complications, including:
- Infertility
- Psychological issues
- Miscarriage
- Uterine prolapse
- Infections
- Undiagnosed cancer
- Unwanted pregnancy
- Vaginal bleeding
We understand that birth injuries can be a sensitive topic to discuss. However, if you want to share how negligent gynaecology treatment has impacted you, please contact an advisor today. They’re here 24/7 to provide free and confidential advice.
Why Choose JF Law For Your Gynaecology Negligence Claim
You should choose JF Law to represent your gynaecology negligence claim because our expert solicitors have a proven track record of success. They have already secured over £80 million in compensation nationwide, and the process of getting started couldn’t be simpler.
All you need to do is reach out for a free consultation. Your situation will be sensitively assessed and you’ll quickly find out if you have an eligible claim.
If you have a case, you’ll be represented by one of our dedicated solicitors. They will use their wealth of experience and training to support you at every stage of the claims process. They could offer you the following services:
- Specialist Support: Our team understands how impactful medical negligence can be. That is why they can arrange access to a range of specialists, including psychologists and occupational therapists
- Strong negotiation: Your solicitor will represent your interests and work hard to secure compensation for you
- Consistent support: Negligent treatment can have drastic effects on your mental and physical health. At JF Law, we approach clients with the empathy and care they deserve
- Interim payments: Sometimes, financial pressures mean that a claimant cannot wait for the claim to settle before receiving compensation. One of our solicitors can assist you in applying for an interim payment, which is essentially an advance in compensation that some individuals are eligible to receive before a claim concludes
These services (and much more) are offered through a Conditional Fee Agreement (CFA). That means one of our solicitors could represent your case on a No Win No Fee basis, ensuring:
- Zero solicitor fees to pay before your medical negligence claim proceeds
- Zero solicitor fees to pay while the case is underway
- Zero solicitor fees to pay if you do not receive compensation
In the event that you win, you will be required to pay a success fee. This is a percentage of compensation that you pay to your solicitor for their work. There is a legally binding cap in place on the percentage, so you will still take home the largest share of the compensation.
Contact Our NWNF Negligence Solicitors
You could potentially be connected to one of our No Win No Fee solicitors by contacting a JF Law advisor. They will let you know whether you can proceed and provide you with more information on the process as a whole.
At this stage, you may not be sure whether you wish to make a claim. There is no pressure to make a decision. Our team will handle your enquiry, no strings attached.
- Call us on 0151 375 9916
- Complete our online contact form
Learn More
Read our other medical negligence guides below:
- Find out about pressure sore claims
- Learn how to make a cauda equina claim
- Visit our guide on ectopic pregnancy compensation
External resources:
- Read the NHS information on women’s health
- Find out what the Royal College of Obstetricians & Gynaecologists has to say on providing women with quality care.
- Follow the government guidance on claiming Statutory Sick Pay (SSP)
Thank you for taking the time to read our guide on gynaecology medical negligence.
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