Gynaecology Medical Negligence Compensation Claims Guide

Most women will need to access gynaecological services at some point in their lives. Services such as cervical smears, hysteroscopy or ultrasounds are some of the most common procedures which may be accessed by women. As a patient, you are reliant on medical professionals and services to ensure that their care meets the minimum professional standard and that you do not experience unnecessary or avoidable harm. Where they have failed to do so, you may be entitled to make a gynaecology medical negligence claim.

Key Takeaways

- According to the Royal College of Obstetricians and Gynaecologists (RCOG) there were 591,000 women in England waiting for hospital gynaecology care in 2022.
- According to the same resource, around 31,000 women were reported to be waiting over a year to access the service they needed.
- 22,000 people are diagnosed with gynaecological cancers each year in the UK.
- Examples of negligence could include improper diagnosis of cancers, a retained placenta following a caesarean section or making a medication error.
- A solicitor from our panel could help you make a gynaecology negligence claim.

Whether you need more information, want to discuss your case or are ready to file a claim, one of the Public Interest Lawyers advisors can help. Get in touch with an advisor today by,

Calling 0800 408 7825.
Completing our form to contact us.
Talking to us online.

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What Are Some Examples Of Gynaecology Medical Negligence?

Examples of gynaecology negligence could include a range of different types of error, such as delayed diagnosis or treatment, surgical negligence, medication or prescription errors or various types of birth trauma and injury.

Instances of gynaecology medical negligence may be broken down into two broad categories. These are diagnostic errors and treatment errors.

Diagnostic Errors

Delayed diagnosis may occur where a medical professional fails to correctly record the results of a Pap smear, leading to the patient’s condition not being identified until it worsens, with additional symptoms present.
Misdiagnosis. A doctor fails to take account of a patient’s medical history. They miss symptoms having worsened over time, irregular periods and family history of endometriosis. They diagnose normal menstrual discomfort, instead of endometriosis. The patient’s condition continues to worsen, causing pain and impacting fertility.
Missed diagnosis. For example, healthcare providers miss that a patient has complications following childbirth. The mother experienced vaginal tears during delivery which are not properly diagnosed or treated. The mother develops a fistula.

Treatment Errors

Medication or prescription errors. A doctor prescribes a patient with a history of migraines a high-dose hormonal contraceptive. They do not take into account the patient’s medical history and the increased risk of a stroke associated with the medication. The patients later suffered a transient ischemic attack.
Unnecessary hysterectomy. This is a major surgical procedure and should only be carried out where medically necessary. A patient with fibroids which are not causing significant problems is not offered alternative treatment pathways. The woman undergoes unnecessary surgery which prevents her from having children she otherwise would have had.
A retained placenta. Parts of or the whole placenta may be left in a patient following delivery by a caesarean section. Doctors may fail to determine that the placenta has not been delivered within 30 to 60 minutes following the delivery of a baby. This results in serious internal bleeding for the mother which may be life-threatening.

A solicitor from our panel could help, whether you experienced surgery negligence or have been harmed by birth trauma.

Can I Make A Claim For Gynaecology Compensation?

Yes, you could make a gynaecological medical negligence claim if you meet the following criteria,

You were under the care of a medical professional for gynaecological treatment. When under the care of any medical professional they have a duty of care to you.
This duty of care is breached.
The breach caused you (or a loved one) to experience unnecessary or otherwise avoidable harm.
You are within the 3-year time limit, discussed later in this guide.

Whether you were treated by a gynaecologist, obstetrician or other medical professional, they have a duty of care towards you as their patient. They must ensure that any care provided meets minimum professional standards set by bodies, such as RCOG guidance.

Can I Claim Against An NHS Gynaecologist

Yes, you can claim against an NHS gynaecologist if you believe that you were harmed by negligent medical care. You have the same right to claim for a gynaecology injury whether it is against the NHS or a private healthcare provider. Any such claims against the NHS may be managed by NHS Resolution. This is an arms-length government body. It is responsible for dealing with medical negligence cases brought against NHS Trusts and any other bodies that are part of its indemnity schemes.

NHS Resolution has its own budget to pay compensation out of. This means that any compensation you are awarded does not divert funds from frontline NHS services.

You can get help to sue your doctor or hospital for negligence from our panel of solicitors. Contact an advisor today to discuss the gynaecology medical nelgience that occurred and find out whether you have good grounds to claim.

How Much Compensation Could I Get For Gynaecology Negligence

Harm to the female reproductive system, causing infertility with sexual dysfunction, could be awarded between £140,210 and £207,260. This compensation bracket comes from the Judicial College Guidelines (JCG). However, it is just a guideline figure. Furthermore, how much compensation you could get for gynaecology negligence may be dependent on the harm you suffered and your financial losses.

The JCG contains compensation brackets for different forms of harm to a person. The guidelines may be used by parties, such as solicitors and the courts, involved in estimating how much compensation someone may be entitled to for different forms of harm.

This type of compensation, that for pain and suffering and known as general damages, is one of the two types which a claimant may be awarded. The other being special damages, compensating for financial losses related to the harm you suffered. We will explore these in more detail in the following section.

Harm	Severity	Compensation Guideline
Multiple types of harm and special damages.	Severe.	Up to £500,000+ where also awarded special damages for medical bills, lost earnings and other costs.
Female reproductive system.	A - Infertility due to disease or injury + sexual dysfunction.	£140,210 to £207,260.
	B - Sexual dysfunction (likely permanent).	£52,490 to £124,620.
	C - Infertility where there are no aggravating factors or sexual dysfunction.	£68,440 to £87,070.
	D - Infertility, no sexual dysfunction or medical complications. The person already has children.	£21,290 to £44,840.
	F - Delayed diagnosis of an ectopic pregnancy, not affecting fertility.	£4,140 to £24,930.
	E - Infertility where they would not have had children.	£8,060 to £22,800.
	G - Failure of sterilisation leading to an unwanted pregnancy.	Around £12,450.
Psychiatric damage.	A - Severe.	£66,920 to £144,240.
Post-traumatic stress disorder (PTSD).	A - Severe.	£73,050 to £122,850.

The table above has used compensation brackets from the JCG, along with our own example of an award for multiple serious injuries (which was not taken from the JCG). Please be aware that claimants are not guaranteed these amounts and they are presented for illustrative purposes.

A solicitor from our panel could help to estimate the value of your gynaecology medical negligence claim.

What Else Can Gynaecology Compensation Cover?

Gynaecology compensation can cover a wide array of different financial losses, including expenses and lost income. These could include,

Lost earnings and income. This could include lost earnings from employment as well as lost entitlement to workplace benefits, such as accrued holiday or pension contributions. This can help you to continue supporting loved ones whilst also recovering. In some instances, this can make up a large part of your total settlement.
Medical expenses. You may have had to pay for medical care, such as treatments, medication or surgery. You can reclaim such costs.
Care costs. You may have been left requiring specialist care in the home or elsewhere. You may reclaim the cost of this.

You could also reclaim the cost of traveling to attend medical and care appointments. You must provide evidence for any expenses or losses to be taken into consideration. Invoices, estimates, receipts, bank statements and wageslips may be presented as evidence.

An advisor could review your case and help to work out what special damages you may claim. Get in touch today for a free, no-obligation assessment of your case.

How Can I Prove Negligent Gynaecological Treatment?

You can prove negligent gynaecological treatment using a combination of different types of evidence, such medical evidence, witness statements and other records.

Claimants must collect sufficient evidence to show that their case meets the eligibility criteria set out earlier in this guide. This could include,

Medical records. Records of medical care may show what symptoms you presented with, any tests used and how you were diagnosed and treated. They may also contain details of any relevant medical history.
Correspondence with your healthcare provider. This may include letters from your doctor, hospital or other service provider related to your case.
Witness information. This includes details of anyone who witnessed negligent care.
Findings from an independent medical report. If you work with one of the medical negligence solicitors on our panel they may organise for you to be assessed by an independent medical expert.

Gynaecological claims may also be subject to the Bolam test. A relevant medical expert may assess the patient’s case, looking at the diagnosis, treatment and care they were given. They may determine whether professional standards were breached or not.

Contact an advisor to find out if our panel can help build your gynaecology medical negligence case.

Is There A Gynaecology Claims Time Limit?

Yes, there is a gynaecology claims time limit. This is generally 3 years. Because the impact of medical negligence is not always immediately apparent, the time limit may begin on the date on which you were harmed or the date on which you discovered you were harmed. This is referred to as the date of knowledge. Time limits are set out in the Limitation Act 1980.

The time limit to start a claim for gynaecology negligence may vary from this, where,

A minor (under the age of 18) claims compensation. The time limit does not begin until they turn 18 as minors are unable to manage their own claims.
An adult lacks the mental capacity to manage their own claim. In this instance, the time limit is only applied if the person does regain this capacity.

If your loved one experienced gynaecological negligence, you could claim compensation on their behalf by acting as a litigation friend. This is a person who is appointed by the court. Their role is to handle the claim on behalf of the person harmed. Their duties include representing the claimant, making decisions about the case and liaising with the solicitor.

Your gynaecology negligence claim must be filed within the appropriate time limit. The failure to do so could lead to a case being time-barred and your being unable to seek compensation.

Please contact one of our advisors if you are unsure how long you have to file your claim.

How Can I Fund A Gynaecology Compensation Claim?

You could fund a gynaecology compensation claim made with a solicitor from our panel using a type of No Win No Fee agreement. The solicitors making up our panel can often help people claim using a Conditional Fee Agreement (CFA).

A CFA allows you to access the services of a medical negligence solicitor without having to pay for their work in advance. Under the terms of a CFA, claimants are only charged for the solicitor’s work if and when their case is successfully concluded. This is called a success fee.

Success fees are agreed in advance, set out in the terms of the CFA, and charged as a set percentage of your compensation. The maximum percentage which may be charged is limited by law. This protects claimants and ensures that they receive the bulk of their compensation.

Please contact our advisor to learn more about how to fund a solicitor to support a gynaecology medical negligence claim.

Why Choose Public Interest Lawyers

By choosing Public Interest Lawyers, you can access a wealth of professional experience in medical negligence claims. Our advisors, and the panel of solicitors we work with, have helped numerous people to successfully claim compensation from medical service providers.

Just some of the reasons to choose Public Interest Lawyers include,

An assessment of your case and referral to a medical negligence solicitor from our panel (if eligible).
Help collecting evidence to prove how you were harmed and the other party’s liability.
Organising an independent medical examination, physiotherapy and rehabilitation services.
An explanation of the claims process, legal and medical terms.
Negotiation with other parties, guidance through any court proceedings and help applying for an interim payment (if applicable).

Choose Public Interest Lawyers to help with your case. Contact ouradvisors to find out if you have a valid claim by,

Using our contact form.
Talking to an advisor online below.
Calling 0800 408 7825.

Learn More

Learn more about medical negligence claims and duty of care in medical services in these guides.

View our guide on claiming for sterilisation failure here.
Learn more about claims for sepsis compensation in this resource.
We look in detail at blood transfusion claims in this resource

References.

Find information on different aspects of women’s health in this NHS resource.
Find out more about how Statutory Sick Pay works in this resource.
Get information on cervical screening in this resource from the NHS.

Thank you for reading our gynaecology medical negligence claims guide. Please contact our advisors if you have any further questions or need help filing your claim.