Many women will undergo gynaecological care and treatment during their lives, with data from the Royal College of Obstetricians and Gynaeocologists showing that there were 591,000 women waiting for hospital gynaecological care in 2024. Whilst most will be provided with exceptional care, negligence can occur, leading to serious physical and psychological harm. Those who have experienced such harm could make gynaecology negligence claims.
In this guide we outline what gynaecological negligence is, explain when someone may be eligible to make a clinical or medical negligence claim and cover how compensation may be calculated. We also discuss evidence and time limits relevant to filing a claim and how a No Win No Fee solicitor could help you.
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Frequently Asked Questions
- What Is Classed As Gynaecology Negligence?
- Who Can Make Gynaecology Negligence Claims?
- The Average Amounts Of Gynaecology Compensation
- How Are Gynaecology Negligence Compensation Claims Calculated?
- Starting A Claim For Gynaecology Injuries
- Will A Medical Examination Be Needed?
- How Long Until A Gynaecology Claim Is Settled?
- No Win No Fee Gynaecology Negligence Claims
- More Information
What Is Classed As Gynaecology Negligence?
Gynecology negligence occurs when a medical professional, such as those working in obstetrics and gynaecology, fails to meet professional standards, and someone suffers harm. Gynaecological negligence may include errors in diagnosing a medical condition, treatment errors or inadequate aftercare. Suffering a gynaecological injury could leave women with physical, psychological and emotional harm.
Below, we explore two key categories of gynaecology negligence claims, diagnostic errors and treatment errors.
Diagnosis Errors
Diagnostic errors could lead to delays in a patient getting the right diagnosis and starting appropriate treatment. This could worsen the patient’s condition, leading to significant harm.
Examples of errors could include,
- Delayed or missed diagnosis of cervical cancer. Misdiagnosis may occur due to a medical professional failing to accurately record the results of a Pap smear test.
- Vaginal tears during childbirth. The improper diagnosis and treatment of this type of birth injury to a mother could lead to complications such as fistula, scarring and pain when passing urine.
- The failure to refer a patient for further treatment or tests following an abnormal smear test, or other test result leading to the failure to diagnose a patient with or the misdiagnosis of cancer.
Treatment Errors
Treatment errors could occur where medical or healthcare professionals improperly perform procedures, fail to take appropriate actions, or neglect follow up care.
Examples of treatment errors could include,
- Surgical negligence and errors. This could include negligence during caesarean sections, hysterectomies or keyhole surgery, leading to organ damage.
- Retained placenta negligence, such as where the placenta has embedded itself in the womb following a c-section.
- Retained objects, such as surgical instruments or swabs being left in a patient.
- Prescribing the wrong medication or other medication errors, including prescribing the wrong dosage or frequency, causing harm.
- Unnecessary surgery, such as unnecessary hysterectomy.
These are just some examples of what may be classed as gynaecological negligence. One of our medical negligence solicitors could help if you or a loved one have been impacted by these or other types of negligence.
Who Can Make Gynaecology Negligence Claims?
All medical professionals, including obstetricians and gynaecologists, have a duty of care to their patients. To uphold this duty, they must follow relevant guidelines on good medical practice and adhere to professional standards, such as standards set by the General Medical Council.
Professional standards which medical professionals should meet may include,
- Listening to a patient describe their symptoms and take their concerns seriously.
- Prescribing treatment or medication in a timely and effective manner.
- Reviewing a patient’s medical records and history, including previous treatment and medication prescribed.
- Providing patients with appropriate medical advice and information.
If an obstetrician or gynaecologist fails to meet professional standards and their action or inaction causes harm, patients may have grounds to make gynaecology negligence claims.
The criteria which any gynaecological claims must meet are that:
- The medical professional owed the person harmed a duty of care.
- This duty of care was breached.
- This breach caused the patient harm.
Can I Claim On Behalf Of Someone Else?
In certain circumstances, you may be able to make a gynaecology claim on behalf of someone else. You may be able to claim on behalf of a loved one where:
- They are under the age of eighteen.
- They are an adult who lacks the mental capacity (as set out in the Mental Capacity Act 2005).
In order to claim on behalf of someone else you must be appointed to act as a litigation friend. This is a role appointed by the courts in which a suitable adult acts in the best interests of the person harmed.
Please get in contact with our team to learn more about what may be classed as medical negligence and how to claim on behalf of someone else.
The Average Amounts Of Gynaecology Compensation
All gynaecology negligence claims are both unique and individually assessed. This means that whilst there may be an ‘average amount of compensation’ such a figure may not be relevant to your case.
Your settlement may consist of compensation for two types of damages. These are,
- General damages – damages compensating for physical and psychological harm.
- Special damages – damages compensating for financial losses.
We will explore special damages in the subsequent section. How much compensation gynaecological claims may be awarded could depend on factors such as;
- The type of harm suffered, physically or psychologically,
- The impact this has had on your everyday life.
When valuing a medical negligence claim, solicitors may take information from your medical records and compare them to the Judicial College Guidelines (JCG). This is a document which may be used as a guide by solicitors when determining how much compensation may be claimed.
Figures in the table below have been taken from the JCG, with the exception of the first which is our illustrative example of a settlement inclusive of special damages.
| Physical Or Psychological Harm | Severity | Compensation |
|---|---|---|
| Multiple forms of harm and special damages. | Serious to severe. | Up to £500,000+, where special damages are awarded. |
| Reproductive system, female. | (a) Infertility due to injury or disease, with sexual dysfunction. | £140,210 to £207,260. |
| (b) Sexual dysfunction, likely permanent. | £52,490 to £124,620 | |
| (c) Infertility, no aggravating features. | £68,440 to £87,070 | |
| (d) Infertility, without medical complications. | £21,920 to £44,840 | |
| (e) Infertility, would not have had children. | £8,060 to £22,800 | |
| (f) Delayed diagnosis of ectopic pregnancy. | £4,140 to £24,930 | |
| (g) Failed sterilisation leading to unwanted pregnancy. | Around £12,450 | |
| Psychiatric damage. | (a) Severe. | £66,920 to £141,240 |
| Post-traumatic stress disorder. | (a) Severe. | £73,050 to £122,850 |
One of our specialist medical negligence solicitors could review your case and help work out what general damages you could claim.
How Are Gynaecology Negligence Compensation Claims Calculated?
The second type of compensation which may be awarded in a gynaecology negligence case covers financial losses. Special damages are not automatically awarded as part of your compensation. You must provide evidence which supports any financial losses caused by the harm you suffered.
Medical negligence compensation may include:
- Medical costs and expenses, such as further treatment, tests, medication and counselling.
- Lost income and earnings.
- Travel costs, including the costs of commuting to and from medical appointments.
- Domestic care costs, such as the cost of care in the home is necessary.
If you choose to make your medical negligence claim with our team, they could help you collect evidence such as payslips, invoices and receipts demonstrating the above financial losses.
Starting A Claim For Gynaecology Injuries
If you have experienced negligent gynaecological care, it can be essential to understand the steps involved in making a medical negligence claim. Gathering the right evidence and filing your claim within the legal time limit ensures you have the strongest possible case.
The time limit to claim compensation for clinical negligence is (generally) three years from the date on which the incident took place, or on which you became aware that negligence caused you harm.
Exceptions to this may include where you are claiming on behalf of someone else, as discussed above.
- For under eighteens, the time limit to claim compensation begins on their 18th birthday.
- Those lacking mental capacity, in such cases the time limit is suspended and only become relevant if the person regains such a capacity.
In such instances, whilst the time limit is suspended or not in effect you could claim compensation on behalf of the person harmed.
In addition to being aware of the relevant time limit to file a claim, it is also important to know what evidence could support your claim.
Evidence and documentation which could support medical negligence compensation claims may include,
- Medical records. These will detail your initial diagnosis and treatment as well as subsequent medical care received.
- Medical report. This will be produced following an independent medical examination by a relevant healthcare professional.
- Witness contact information. Any witnesses may be contacted later to provide a statement.
Whether you suffered a birth injury or other form of harm, our team could offer a free initial consultation, evaluate your case and if you are eligible to make a claim, help you to file your claim.
Will A Medical Examination Be Needed?
Whether affected by birth trauma or otherwise harmed, an independent medical examination is typically part of the gynaecology negligence claims process. It is a vital step in assessing how severely you have been harmed and in linking this to the treatment you received.
During your independent medical examination a specialist will evaluate the harm you suffered and review your medical history. They will then provide an expert opinion of the impact the harm has had on you. This will be used to create a medical report. The report may also contain their prognosis for your recovery as well as any ongoing or future needs for medical care.
Their report will form a crucial part of the evidence supporting your claim. If you choose to make a clinical negligence claim with one of our solicitors they can organise for you to have an examination.
How Long Until A Gynaecology Claim Is Settled?
How long it takes to settle gynaecology negligence claims will vary based on factors such as the complexity of the case, what evidence is available, and how the defendant responds. Claims may be settled faster where a case is straightforward and the defendant accepts liability. However, the more complex a case or where multiple expert reports are needed, cases may take longer. The claims process may also take longer where court proceedings are involved.
One of our expert medical negligence solicitors could offer a free initial consultation and review your case.
No Win No Fee Gynaecology Negligence Claims
If you choose to work with one of our medical negligence solicitors, your case may be handled on a No Win No Fee basis. By doing so, you could have greater peace of mind whilst making a claim. Their No Win No Fee service may be offered under a Conditional Fee Agreement. This means that you only have to pay for your solicitors service if your claim succeeds. If you do, you will pay a success fee. This fee is regulated by law and will be set out in your agreement.
If your claim is not successful, you won’t have to pay your solicitor for their work.
Contact Legal Expert’s Solicitors
Find out how our team could help with gynaecology negligence claims by contacting us.
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- Phone us now on 0800 073 8804.
- Start a claim online.
- Talk to us live online.
More Information
In this final part of our guide you can find further relevant guides, articles and resources.
- In this article we look at research and statistics on birth injuries and birth trauma across the country.
- Here we examine the time limit to begin a claim.
- Find out how to claim for negligent care at a walk-in centre in this guide.
References.
- Get information on cervical screening in this NHS resource.
- Learn more about rates of Statutory Sick Pay here.
- Check how to find NHS obstetrics services here.
We hope our gynaecology negligence claims guide has provided you with the information you need to know. Find out more about how to make a successful medical negligence compensation claim by contacting our team.
