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A Guide To Endometriosis Negligence Compensation Claims
Read about endometriosis negligence claims and when you could be eligible to make one.
£85 million in compensation
A Guide To Endometriosis Negligence Compensation Claims
Can I Claim Endometriosis Negligence Compensation?
Endometriosis negligence can have devastating effects on a person’s daily life. It may result in severe pain, a worsening of your condition and general mistrust in medical practitioners. However, a gynaecology medical negligence claim could help you to move forward.
Important Takeaways
- Valid medical negligence claims must involve the failure of a medical practitioner to meet the minimum standard of care, resulting in avoidable harm to your person.
- A compensation payout would include an evaluation of your pain and suffering. It may also help you to recover financial losses caused by the harm you have experienced.
- A typical medical negligence claim must start within 3 years of the date of treatment. However, there are multiple exceptions to this.
- You will need to supply evidence in order to prove the unnecessary harm you have suffered and that it was caused by negligent treatment.
- One of our solicitors could benefit your case by offering their expert legal services through a No Win No Fee contract.
If you are interested in legal representation that does not require you to pay upfront or ongoing fees, speak to a JF Law advisor today. They can also provide you with general advice if you are not sure whether you would like to start a claim at this stage. Our advice is offered free of charge, and there is no pressure to proceed.
- Call us on 0151 375 9916
- Complete our online contact form
What Is Endometriosis?
Endometriosis is a condition where cells similar to those in the uterus lining grow in different areas of the body. Often, the cells grow in the areas surrounding the womb. For example, they may appear in the fallopian tubes, the pelvis and the ovaries. The cells can even grow in areas outside of the pelvis, though this is unusual.
What Causes Endometriosis?
Currently, the cause of endometriosis is unclear. However, current medical opinion states that it may arise due to:
- The flow of menstrual blood with endometrial cells flowing back through the fallopian tubes and reaching the pelvic cavity, as blood is also coming out of the cervix during menstruation (retrograde menstruation). This can then lead to the growth of endometrial-like cells outside of the uterus
- The changing of cells outside of the uterus (cellular metaplasia). They can start to resemble endometrial-like cells and begin to develop
- The spreading of stem cells through the body (these are cells that can change into many other types of cells)
There is also a potential relationship between endometriosis and estrogen levels, though this requires further study.
You can contact our advisors today for further information on the condition and when a claim for endometriosis negligence is appropriate.
The Endometriosis Signs To Be Aware Of
There are several symptoms of endometriosis that a person can experience while on their period. Period. These include:
- A heavy menstrual flow (requiring you to change a tampon or sanitary pad every 1-2 hours)
- Severe menstrual pain which prevents you from doing your regular activities
- Pain while using the toilet
See below for further symptoms you can experience while not on your period:
- Pain after sexual intercourse
- Fatigue/extreme tiredness
- Pain in your pelvis area (lower stomach and back)
- Bleeding or pain in other areas. This could apply to the chest, causing you to cough up blood or have a shortness of breath.
- Difficulties when conceiving
- Anxiety/low mood
You can get in touch with our advisors today to discuss how your symptoms have affected your daily life. They can explain how medical negligence compensation could reflect your specific scenario.
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Am I Able To Claim Compensation For Endometriosis Negligence?
You could be able to claim compensation for endometriosis negligence if the following apply:
- A medical professional owed a duty of care to you
- They failed to meet the minimum standard of care while giving you treatment, thus breaching this duty
- This meant that you suffered harm unnecessarily
It is important to note that all medical professionals owe a duty of care when they are providing you with treatment. Therefore, there is a correct standard of care that they must meet. Doctors can refer to the General Medical Council (GMC) for guidance. The GMC provides resources to doctors that help them to keep their knowledge up to date and set patient care standards.
Additionally, you should consider whether the harm you have experienced was unnecessary. There are some forms of harm that are a necessary part of medical treatment. For example, you may need surgery to remove endometriosis tissue. This may result in unavoidable psychological and physical pain.
We understand that it can be difficult to determine whether medical negligence has occurred, so please read the next section for examples of unnecessary harm. You are also welcome to speak directly with our advisors, who will let you know whether you meet the eligibility requirements.
What Is Classed As Endometriosis Negligence?
There are a variety of situations that could be classed as endometriosis negligence. Read the list below for some examples:
- You attend a GP appointment and describe your symptoms to the doctor. You have several symptoms that are typical of endometriosis. However, the doctor tells you that you are just experiencing severe period pain. You are not able to get an endometriosis diagnosis until much later, by which point you have developed depression and experienced debilitating pain for months.
- You have a hysterectomy to treat a severe case of endometriosis. However, the surgeon leaves a foreign instrument inside your body. This causes you to develop an infection, and further surgery is required.
- Your endometriosis is misdiagnosed as ovarian cysts, despite you telling a clinician that you have common endometriosis symptoms. You have keyhole surgery unnecessarily, and the surgeon finds that there are no cysts to remove. This means that the pain and anxiety you experienced in relation to the surgery were unnecessary.
- A doctor diagnoses you with endometriosis. They confirm that your condition needs to be monitored, but they do not organise a follow-up appointment or tell you when you should come back. Over time, your symptoms worsen
Do not worry if your situation was not included in our list. There are too many examples of medical negligence for us to cover all of them. Get in touch with our advisors to find out whether your specific experience provides grounds for a compensation claim.
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What Is Endometriosis Commonly Misdiagnosed As?
Endometriosis is commonly misdiagnosed as other conditions that relate to the female reproductive system. These conditions include:
- Primary dysmenorrhea- This is a common gynaecological disorder that involves severe period pain
- Adenomyosis– This condition occurs when the lining of the womb starts to grow into the muscle in the wall of the uterus
- Fibroids– These are non-cancerous growths that occur in or around the uterus
- Ovarian cysts– These are sacs filled with fluid that develop on one or both ovaries
- Fibromyalgia– This involves a feeling of pain across the whole body
Our list has not included all examples of misdiagnosis. Therefore, if you have any questions about endometriosis negligence relating to misdiagnosis, you can speak to our advisors today.
What Amount Of Endometriosis Compensation Could I Get?
The amount of endometriosis compensation that could be owed depends on the unique factors of your case. All successful compensation claims of this nature will include an evaluation of how unnecessary harm has impacted you in terms of pain and suffering. This part of a compensation payout is referred to as general damages. If you have not fully recovered from harm or will experience permanent impact, this can be accounted for during the calculation of the compensation.
When assessing general damages, legal professionals can use the Judicial College Guidelines (JCG). This is a legal document that bases compensation guideline brackets on different types and severities of harm. We have included some of these brackets in the table below.
When reading these figures, please consider that they are simply guidelines. There is no way to guarantee how much compensation could be owed to you. This is because the evaluation of compensation is tailored to cover the specific experience of each claimant.
However, you can gain a more accurate estimation of what your compensation could cover by contacting our advisors. They offer case assessments that are free of charge. This may help you to decide whether you would like to proceed, as there is no obligation to follow up with us after enquiring.
The figure in the top row of the table was not provided by the JCG.
| Type of Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple injuries with the associated financial losses | Severe | Up to £500,000+ | Multiple injuries with the associated costs such as lost income |
| Reproductive system: female | Infertility caused by disease or injury with sexual dysfunction, psychological impact | £140,210 to £207,260 | Those experiencing medical complications may reach the upper end of the bracket |
| Sexual dysfunction that will most likely have permanent effects on someone who has had children or would not have had them anyway | £52,490 to £124,620 | More significant medical complications apply to the upper end of this bracket | |
| Infertility without aggravating affects and no sexual dysfunction | £68,440 to £87,070 | This can apply to a young claimant without children | |
| Infertility without medical issues and no sexual dysfunction | £21,920 to £44,840 | The impacted party will already have children. The higher end of the bracket covers those with psychological effects | |
| Infertility where the individual would not have had children in any event | £8,060 to £22,800 | This may apply due to the claimant’s age | |
| Psychiatric damage | Severe (a) | £66,920 to £141,240 | The factors that are considered include the extent to which the person’s relationships have been impacted and their future vulnerability |
| Moderately severe (b) | £23,270 to £66,920 | This bracket includes similar effects to severe cases, though there will be a more optimistic prognosis |
Special Damages In Endometriosis Claims
In addition, you may be able to claim special damages for endometriosis negligence. This is the other part of the compensation that is sometimes awarded. If you can provide evidence that you suffered financial losses due to harm, you may be able to recover said losses under special damages. Your evidence could include bank statements or receipts.
Examples of financial losses that can be recovered include:
- The cost of further medical treatment (this can apply to prescription costs)
- Payments made to travel to and from medical appointments (you may even be required to visit a specialist facility that is far away from your home)
- Care expenses- you may require professional care to help you manage daily tasks
- Lost income- many claimants have to take time off work in order to recover from bodily and psychological harm
- Home adjustment expenses: to make your home livable, you may have to modify your home. For instance, you may install a handrail to help you get up stairs
You can contact an advisor today with any queries you have about endometriosis compensation. They can provide you with further information about the factors that are considered.
How Long Is The Endometriosis Claims Time Limit?
The time limit for making an endometriosis negligence claim is generally 3 years, starting from the date of negligent treatment. The Limitation Act 1980 establishes this. However, the time limit may begin from the date on which it became clear that negligent treatment was given, as it is not always immediately apparent.
Furthermore, the time limit applies differently in cases where the affected person is below the age of 18 or mentally incapacitated. This is because a compensation claim requires complex decision-making, which would not be possible for a person under these circumstances.
In such cases, the 3-year time limit may begin from:
- The date of their 18th birthday
- The date on which mental capacity is recovered
Although this allows a person to make a claim at a later date, there is also another option to have someone else represent the claim on their behalf. Said person would be referred to as a litigation friend. They would need to represent the best interests of the affected party.
If you’re not sure how the time limit applies to your specific medical negligence case, contact an advisor today. They can provide you with straightforward answers.
How Can I Prove Endometriosis Negligence?
When proving endometriosis negligence, your evidence must show the unnecessary harm that you suffered and the negligent treatment that caused it. You can do this by providing:
- A copy of your medical information. This can confirm your symptoms and the treatment that was given
- Contact details of people who saw you receive treatment. If you work with one of our solicitors, they can later contact them for a supporting statement
- Pay slips or bank statements to show financial losses
- Copies of letters you may have received from the healthcare facility where you received treatment. Some claimants receive written correspondence that confirms the treatment was negligent
- A diary of your symptoms and how they developed over time
You can speak to our advisory team today to find out what evidence would best suit your medical negligence claim. They have handled many similar enquiries and can give you the information you need to go forward.
No Win No Fee Claims For Endometriosis
Our solicitors represent endometriosis negligence claims on the basis of No Win No Fee. This is a common way to access legal representation without exorbitant fees. A Conditional Fee Agreement (CFA) would work along the lines of No Win No Fee. By signing a CFA, you would not be required to pay fees for your solicitor’s work:
- Before the medical negligence claim begins
- While the case is underway
- If you do not receive compensation
On the other hand, if you are given compensation, you must pay a success fee. This is a percentage of the compensation that you owe to your solicitor. There is a legal cap on the percentage that can be taken, so you can be sure that you will take home the largest share.
You may wonder what you stand to gain from working with one of our solicitors. The process of claiming compensation can be stressful, complex and time-consuming. Our solicitors work to lessen the burden on our claimants. They base the following legal services on years of experience and knowledge:
- Evidence. Our solicitors check whether you have the appropriate evidence and explain how you can access further proof.
- Negotiation. They will argue for your compensation to be valued on the basis of the pain and financial losses you have experienced.
- Guidance. Your solicitor will explain any complex legal processes to you and advise you throughout the process.
- Correspondence. They will handle communication with the defending party on your behalf.
Contact Our Endometriosis Advisors
Contact our team of advisors to enquire about working with one of our solicitors. They can give you a free initial consultation to determine whether you are eligible to proceed. This is also a great opportunity to raise any general queries you may have about the process or the benefits that our solicitors offer.
- Call us on 0151 375 9916
- Complete our online contact form
Endometriosis FAQs
Keep reading for some frequently asked questions relating to claims of this nature.
What Is The Process For Diagnosing Endometriosis?
When diagnosing endometriosis, your doctor will ask you to describe your symptoms and may ask to do a physical examination. In terms of testing, they may suggest a blood test, ultrasound scan, MRI scan or laparoscopy.
How Can Endometriosis Be Treated?
Endometriosis treatment may help to reduce your pain. A doctor can suggest painkillers, hormonal medicines or even surgery.
The Risks Of Untreated Endometriosis
Untreated endometriosis can result in further pain, heavy menstrual bleeding, infertility, organ damage, fatigue and mental health conditions.
Is Endometriosis Considered To Be A Chronic Illness?
Endometriosis is a chronic illness. Treatment may alleviate symptoms, but there is currently no cure for the condition.
More Information
Read our other guides:
- Learn about cervical cancer misdiagnosis claims
- Find out more about pregnancy negligence claims
- Visit our guide on birth injury cerebral palsy claims
External resources:
- Read the guidance on endometriosis diagnosis and management as provided by the National Institute for Health and Care Excellence
- Find out whether you can claim Statutory Sick Pay (SSP)
- Visit the Royal College of Obstetricians & Gynaecologists’ information on endometriosis
Thank you for reading our guide on endometriosis negligence.
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