Gynaecology Claims

How do I know if I have a gynaecology claim?

Valid gynaecology claims arise where your medical treatment did not meet expected standards and this resulted in you suffering.

To make a valid claim it must be demonstrated or accepted that a competent physician could reasonably have been expected to act differently when treating you. In addition to that, their actions resulted in a worse outcome for you.

This may mean, for example, that due to a delay in detecting ovarian cancer you had to have more invasive treatment or your life expectancy was reduced. If the delay did not cause any damage to you, even though there may have been incompetence, it would not qualify as being a valid basis for a gynaecology negligence claim. Mental suffering due to a delay may represent harm and could form the basis of a claim even where physical harm did not result.

 Common gynaecology claims include: 

• • perforation of the uterus, bowel or bladder during surgery
  • failure to diagnose or treat a condition leading to infertility/hysterectomy
  • failed contraception/abortion/sterilisation
  • improper prescription of an oral contraceptive causing thrombosis or any other harmful side effects
  • failure to detect a haemorrhage or ovarian/cervical cancer
  • treatment of prolapse/tension free vaginal tape (TVT) and mesh claims
  • inappropriate treatment of a uterine fibroid infection
  • surgical errors
  • episiotomy issues or other birth-related injuries due to errors
  • unnecessary hysterectomy for heavy menstrual bleeding or fibroids
  • smear test errors or delay in diagnosis of cancer
  • retained swabs or instruments
  • infertility as a result of treatment errors
  • harm to a baby during pregnancy or birth

How do I find the best solicitor for my gynaecology claim?

It’s wise to do some research before you settle on a gynaecology negligence claims solicitor and to ensure you choose a firm with experience.

A specialist firm, like Enable Law, has solicitors who have supported other women in similar claims and will be empathetic and patient in the process.

Expert solicitors have great contacts with medical professionals who can help you deal with whatever situation you are left in after negligence and begin putting your life back together.

People who have suffered gynaecology care errors may be dealing with embarrassing, life-changing and difficult consequences such as incontinence, fertility issues and sexual dysfunction. You need to trust the solicitor you choose and have a rapport that allows you to open up about these things and discuss them honestly. The right solicitor will help put you at ease and set you on a path towards regaining control of your life and future rather than make you feel you are enduring another painful hardship via the compensation process.

How much will I receive for a gynaecology claim?

Gynaecology damages will vary depending on the level of impact on a person’s life and resulting financial losses or costs.

If ongoing care is needed as a result of the damage done to you or you are unable to work, compensation can help to cover those costs.

In addition to the individual costs or losses incurred as a result of negligence, an element of damages is also intended to compensate for pain and suffering.

These ‘general damages’ payments follow Judicial College guidelines.

Examples of guideline general damages amounts are:

• Female infertility and associated severe mental anguish: £107,810 to £158,970 plus special damages.
• Infertility resulting from failure to diagnose ectopic pregnancy and resulting medical conditions: £31,950 to £95,850 plus special damages.
• Delay in diagnosing ectopic pregnancy with fertility unaffected: Up to £19,170 plus special damages.
• Serious or permanent damage to both kidneys: £158,970 to £197,480 plus special damages.
• Failed sterilisation leading to pregnancy: Around £9,500 plus special damages.