A gynaecology negligence claim gets you compensation for below professional standard gynaecological care. You trust the medical team with your gynaecological care and do not expect less than professional attention at all times.
A gynaecological problem can be difficult to talk about with a doctor. To experience gynaecology negligence when you most need care can be very stressful and cause further health issues.
A No Win No Fee medical negligence solicitor will handle your claim for gynaecology negligence and get you the compensation you deserve.
Don’t wait too long to find out if you can claim for medical negligence compensation.
Table of content
What is a gynaecology negligence claim?
A gynaecology negligence claim is when you seek compensation for the damages arising from negligence in your gynaecological care.
The gynaecology negligence claim is a process that finds out who is responsible for the medical negligence and who pays for the damage done to you by a medical professional.
Gynaecology can be a sensitive subject for women to discuss, but if you suffer negligence in your treatment, you deserve respect and understanding immediately.
Too often women are dismissed with their claims of negligence, but a gynaecology claim will seek the compensation you deserve for the suffering. A gynaecology negligence claim seeks damages for the less than acceptable standard of care.
Your No Win No Fee medical negligence solicitor will have the experience of common gynaecology negligence claims and will use it when getting your compensation for damages.
Common gynaecology negligence claims
Common gynaecology negligence claims see the same type of negligence come up time and time again. Women suffer many types of gynaecology negligence, from failed abortions to smear test issues and even unnecessary hysterectomies.
Gynaecology negligence can come in many forms but the most common claims for compensation are:
Failure to ordering a smear test
Failure to order a smear test when you present with gynaecological issues leaves you vulnerable to further problems.
All women should be given a smear test from a certain age, and the gynaecology team should ensure you have one.
Not ordering a smear test for a patient is clear medical negligence.
Failure to follow up on abnormal smear tests
Not following up on abnormal smear tests can lead to undetected cancer and other infections. Your doctor orders the smear test and should follow up on the results, especially abnormal ones.
To not follow up on an abnormal smear test is gynaecological negligence and can be life-threatening.
Damage to other organs during surgery
Damage to other organs during surgery happens when a surgeon is not doing their job professionally.
The negligent surgeon may penetrate the bowel, the bladder or another organ when performing gynaecology surgery.
There is no excuse for doing damage to other organs during surgery.
Failed tubal ligation
Failed tubal ligation is when surgery to prevent you from getting pregnant is not done correctly, and you subsequently get pregnant.
Becoming pregnant may be dangerous to your health, or you may not wish to get pregnant again.
Failed tubal ligation may put your life and the life of an unborn child at risk.
Failed abortion procedure
A failed abortion procedure leaves you still carrying the foetus, which should never happen. The gynaecological surgeon should ensure the sensitive surgery is carried out fully.
A medical abortion is a life-saving procedure, and medical negligence should not put the woman’s life at risk.
Damage to the uterus when inserting the contraceptive coil
Damage to the uterus when inserting the contraceptive coil can cause infection and require surgery to rectify the error. The contraceptive coil should be inserted carefully and with due care to the woman’s body.
The medical negligence of doing damage when inserting the contraceptive coil will leave you in line for a compensation claim.
Poor post-surgical care
Poor post-surgical care can leave you open to infection and even slow your recovery. Your post-surgical care should include a clean environment, pain medication, round-the-clock attention and a prescription of antibiotics.
To neglect your post-surgery care is gynaecology negligence.
Problems with Caesarean sections
Problems with Caesarean sections include damage to the woman’s other organs, not delivering the baby fully or excessive pain due to not administering an epidural on time.
Caesarean sections should be planned properly, and all care should be taken throughout the surgery to protect the mother and the unborn child.
Common gynaecological claims are cases of medical negligence and lead to compensation for the patient who suffers from the errors.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of negligence we will send a letter of claim to the negligent party outlining your compensation claim.
Who is responsible for gynaecology negligence?
A medical professional is responsible for the gynaecology negligence that causes you harm. The doctor, nurse, surgeon and gynaecologist owe you a duty of care, and when they do not provide it, you have a clear case of gynaecology negligence.
The NHS Trust that provides the gynaecology services is also responsible for the medical negligence done to you. The NHS is responsible for the hospital, staff and maintenance of services.
NHS Resolution is the arm of the NHS responsible for dealing with negligence claims and for ensuring such Never Events happen to patients.
When you suffer a Never Event such as an Unnecessary Hysterectomy, you will have a claim of gynaecology negligence against the NHS.
Unnecessary Hysterectomy
An Unnecessary Hysterectomy is the removal of a woman’s womb, or uterus, when there may be a viable alternative to the surgery.
A hysterectomy is a permanent change to a woman’s body and can leave her with a life of physical and psychological issues.
Before the surgery, you should be fully informed of the alternatives to a hysterectomy. The surgeon should ensure you understand the surgery and its implications. The medical term of ‘informed consent’ means that you fully understand and agree to a surgical procedure before giving your consent to it.
Alternatives to a hysterectomy are:
You should be fully informed about the alternatives. To get your consent without informing you of the options is grounds for an Unnecessary Hysterectomy and clear gynaecology negligence.
Growing concern about gynaecology negligence in the NHS
There is a growing concern about gynaecology negligence within the NHS. The issue of gynaecology negligence costs MHS Resolution millions every year in compensation claims.
Gynaecology negligence claims have been on an upward trend since 2018. Claims for gynaecology negligence jumped from 569 in 2018 to 761 in 2019/ 20 and again grew to 980 in 2020 / 21.
As a percentage of overall claims against NHS Resolution, gynaecology claims grew from 5% to 9% from 2018 to 2021, according to the 2022 NHS Resolution Report.
NHS Resolution aims to solve maternity and gynaecology negligence claims as quickly as possible due to the stress involved to families.
The problem of gynaecology negligence has also seen an increase in funds put aside to pay future maternity, obstetrics and gynaecology negligence claims.
Compensation for a gynaecology negligence claim
You can claim compensation for a gynaecology negligence claim amounts from the £1,000s to over £1 million in some cases.
The compensation varies depending on several factors, and gynaecology negligence claims sometimes see very high awards.
Compensation amounts in gynaecology negligence claims can be:
All amounts are approximate and are only a guide to what is possible in gynaecology negligence claims.
As in all medical negligence claims, each case is dealt with on merit and how much you suffer due to the gynaecology negligence.
A No Win No Fee medical negligence solicitor will be the only one who can advise you on a gynaecology negligence claim. They will know from experience what your case may be worth and how to make a successful claim.
Your No Win No Fee medical negligence solicitor will handle your gynaecology negligence claim for compensation and for all damages incurred.
What can you claim for when you sue for gynaecology negligence?
You can claim compensation for any damages that occurred when you sue for gynaecology negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages
General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence.
Pain is that above what is normally expected for your procedure.
Suffering is the inconvenience and changes to your life that cause you discomfort.
Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports and sleeping.
Special damages
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Loss of earnings includes compensation for time off work and any reduction of your income in the future.
Future care costs are for any care you will need as a result of medical negligence.
Out-of-pocket expenses cover medical appointments, travel, accommodation and meals.
Be sure to keep payslips, receipts and proof of any losses you experience due to the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs.
When you or a loved one suffers from the effects of gynaecology negligence, you make a claim for gynaecology negligence compensation.
Your No Win No Fee solicitor will guide you through the steps in making a gynaecology negligence claim.
What are the steps involved in making a gynaecology negligence claim?
The steps involved in making a gynaecology negligence claim go from seeking medical advice to issuing court proceedings.
The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful gynaecology negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered the gynaecology negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for gynaecology negligence?
You have three years to make a claim for gynaecology negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the gynaecology negligence claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a gynaecology negligence claim or court proceedings.
Persons with a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million.
The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your gynaecology negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered gynaecology negligence and deserve every penny of the compensation claim.
Contact us at the Medical Negligence Team for all your medical negligence needs.