Our guide today will discuss who is able to make an endometriosis compensation claim. We’ll also look at how compensation could be awarded for successful gynaecology negligence claims.
We then move on to discuss what endometriosis is, some of the symptoms and how negligence can worsen this condition. If you decide to seek compensation, we will look at some of the items you could gather to help strengthen your case. We’ll also explain the time limits in place for launching medical negligence claims.
The Office for National Statistics (ONS) in a recent report found that an average of 2% of reproductive age women were found to have an endometriosis diagnosis. However, they also found that the average age at diagnosis was 35 years. This figure doesn’t consider women living with endometriosis that remains undiagnosed and, therefore, untreated. If you’ve been affected by gynaecologist negligence, one of our solicitors could help you. Read on to learn how our solicitors could help you make an endometriosis compensation claim today.
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To find out more about endometriosis compensation, contact us by:
- Call us on 0800 073 8804
- Fill out our claim online form
- Use our live chat
Jump To A Section
- Am I Able To Make A Claim For Endometriosis Compensation?
- How Much Endometriosis Negligence Compensation Can I Get?
- What Is Endometriosis?
- What Are Some Endometriosis Medical Negligence Examples?
- How Can I Claim For Endometriosis Compensation?
- Our No Win No Fee Endometriosis Negligence Solicitors
- More Information
Am I Able To Make A Claim For Endometriosis Compensation?
In order for you to be able to make an endometriosis compensation claim, we must be able to prove that medical negligence occurred.
To do this, three factors must be present:
- A medical professional owed you a duty of care
- They breached this duty
- The breach led to you sustaining harm that wouldn’t have otherwise occurred.
The duty of care that is owed to you is by every medical professional who treats you, whether this be a doctor, nurse or midwife. In line with their duty, they must treat you with the standard expected of them.
In endometriosis compensation claims, a lot of the time, those struggling with the condition may have gone undiagnosed for a long period of time. This could be due to a variety of reasons, including how the symptoms of endometriosis present themselves, as a few other conditions have similar symptoms. Additionally, the medical professionals who had treated the patient may not have properly considered their symptoms or concerns and hadn’t ordered further testing where necessary. This would constitute a breach of their duty of care.
If you believe you received a substandard level of care, contact us today to see how we could help.
How Much Endometriosis Negligence Compensation Can I Get?
The amount of endometriosis compensation you could get is dependent on a few factors, which we discuss below.
Your compensation in medical negligence claims is generally made up of two sections. These are called general and special damages.
Your general damages are compensation for the pain, suffering and any loss of amenity you have experienced as a result. So, if your condition has left you unable to engage in hobbies the way you did beforehand, this will be taken into consideration.
Special damages are a head of claim for the financial impact that your endometriosis has had on you. This includes any loss of earnings if you haven’t been able to attend work because of your condition. It also considers things like short or long-term medical costs, prescription costs and even travel costs.
In order to claim special damages, you must have evidence that shows how your condition has financially impacted you. This could be:
- Payslips to show a loss of earnings
- Prescription receipts
- Travel receipts
The table below offers guideline compensation amounts for this type of claim. These figures have been taken from the Judicial College Guidelines (JCG), which are a framework used by professionals to help calculate an appropriate sum of compensation.
Please note that these are guideline amounts, and the first figure hasn’t been taken from the JCG.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries + Special Damages | Very Severe | Up to £500,000+ |
| Reproductive System: Female | a) Infertility with sexual dysfunction | £140,210 to £207,260 |
| Reproductive System: Female | b) Permanent sexual dysfunction | £52,490 to £124,620 |
| Reproductive System: Female | c) Infertility without aggravating features | £68,440 to £87,070 |
| Bladder | Seriously impaired control | £78,080 to £97,540 |
| Bowels | Passive incontinence and faecal urgency | In the region of £97,530 |
| Post-Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 |
| Psychiatric Damage Generally | Moderately Severe | £23,270 to £66,920 |
| Psychiatric Damage Generally | Moderate | £7,150 to £23,270 |
| Scarring to Other Parts of the Body | No Significant Internal Injury | In the region of £10,550 |
What Factors Will Affect The Amount Of Compensation?
In an endometriosis compensation claim, the factors which will be considered when your general damages compensation is being calculated are:
- The severity of your pain and suffering
- The duration of your condition, as a number of endometriosis cases go undiagnosed
- Any impact on fertility
- The impact that endometriosis has had on your quality of life
- The extent of treatment you will need to manage your symptoms and pain
The factors which will impact your special damages could be things like the requirement for care costs, medical help and prescription costs. Another factor which might affect your special damages could be the loss of income, if your endometriosis symptoms have left you unable to work.
What Is Endometriosis?
Endometriosis is a painful medical condition where cells that are similar to those found in the womb grow outside of the uterus, usually in the pelvic area. It generally affects the fallopian tubes, ovaries and tissue lining the pelvis.
Undiagnosed endometriosis can, in some cases, lead to the growth of cysts called endometriomas. It can also cause fertility issues if it is left untreated.
The Most Common Endometriosis Symptoms
Some of the most common symptoms of endometriosis are:
- Severe period pain, which impacts your ability to do your usual activities, such as going to work
- Pain in the lower stomach and lower back
- Pain during or after sex
- Extremely heavy periods
- Chronic pelvic pain
- Fatigue
How Should Endometriosis Be Diagnosed?
In order to receive an official diagnosis of endometriosis, the first step is attending a GP appointment.
This is where you would describe your symptoms and how they are impacting your life. Your GP would then perform an examination, of your abdomen as well as as a vaginal exam. They should also perform a blood test here.
Following your initial GP appointment, if they suspect it could be endometriosis, they should then refer you to a specialist gynaecologist for further tests.
If they fail to order further testing and misdiagnose you at this stage, it can delay your treatment and worsen your pre-existing, undiagnosed condition.
The next step in diagnosis is an ultrasound scan and a laparoscopy. This test may help to determine an endometriosis diagnosis.
This type of medical test is where medical professionals will insert a camera into your pelvis. Through the camera, a doctor is able to look for any signs of endometriosis and then they can diagnose.
Treatments For Endometriosis
Endometriosis doesn’t have a cure, but there are ways that it can be managed.
Some treatments include:
- Prescribed painkillers to help manage the physical pain of your condition
- Laparoscopy surgery – this can confirm and diagnose endometriosis, but medical professionals can also destroy some of the endometriosis cells while performing a laparoscopy.
- Hormonal therapy can also help manage some of the symptoms of endometriosis.
- In particularly severe cases, you might consider a hysterectomy or oophorectomy.
The Impacts Of Leaving Endometriosis Untreated
Most people suffering from endometriosis won’t have received any treatment to deal with this until after the diagnosis. This can pose risks of:
- The growth of ovarian cysts
- Chronic pain
- Infertitlity
- Development of scar tissue
The other impacts of leaving endometriosis untreated include a reduction in your quality of life and, therefore, an effect on your mental health.
To discuss your potential endometriosis compensation claim with us at Legal Expert, call us today.
What Are Some Endometriosis Medical Negligence Examples?
In the sections below, we look at some ways medical negligence could occur. In some of these situations, you could be eligible to claim endometriosis compensation.
Misdiagnosis
A misdiagnosis can result in being treated for a condition that you do not have while your initial condition remains untreated. If you presented to your GP with typical endometriosis symptoms and they did not offer you further testing and instead diagnosed you with another condition, such as irritable bowel syndrome, you could be eligible to seek compensation. Furthermore, while your endometriosis remains undiagnosed, it can spread or worsen, leading to damage to your pelvic organs.
Delayed Treatment
A delay in treatment can mean continuous pain and suffering. It can lead to worsened symptoms, causing an impact on your quality of life. Similarly to misdiagnosis, it can also increase the risks of organ damage.
If you suffered due to a misdiagnosis or a delay in treatment, speak to a member our team. A member of our team can review your case and advise on whether you have good grounds to sue for gynaecological negligence.
How Can I Claim For Endometriosis Compensation?
Generally, you have 3 years to start a medical negligence claim. In endometriosis compensation claims, the time limit runs from either:
- The date that the medical negligence occurred
- The date of knowledge – this is the date when you became aware of the medical negligence (or would have been expected to know that negligence occurred).
This time limit is established in the Limitation Act 1980. However, the Limitation Act allows for some exceptions to this time limit. Please speak to an advisor to discuss these.
As well as ensuring your claim is started within the time limit, another important step in any compensation claim is the evidence.
Your evidence in endometriosis compensation claims could be items like:
- Medical records or GP records
- Correspondence with your GP or any medical professional
- Copies of your prescription, to highlight what medication you have been prescribed, or to determine misdiagnosis or delays
- Contact details of anyone who may have witnessed your medical treatment to obtain a witness statement at a later stage
- Diary entries, to demonstrate the severity of your pain and suffering
By instructing one of our expert solicitors, as part of the services offered, they would help you to obtain this useful evidence.
Contact us today if you have any questions about time limits or evidence. Our advisors are happy to answer any questions you might have.
Our No Win No Fee Endometriosis Negligence Solicitors
By instructing one of our solicitors to work on your claim, you can rest assured that you are in expert hands. They work on a No Win No Fee basis, under a Conditional Fee Agreement.
What this means is that you wouldn’t be required to pay for their services at the beginning or during the claims process.
Instead, if successful in claiming endometriosis compensation, a fee would be deducted at the end of your claim as a percentage known as a ‘success fee’. This fee is limited in line with the Conditional Fee Agreements Order 2013, to ensure you receive the majority of your compensation.
Our solicitors have decades of experience advocating to achieve endometriosis compensation for our clients. They could help with obtaining evidence as we have previously discussed, but this isn’t all they could help you with.
Through instructing one of our solicitors, you can expect them to:
- Explain legal language and your claims process to you
- Keep you updated at every step of the claim
- Ensure your claim is started within the permitted time limit
- Advocate on your behalf to achieve a suitable settlement amount
Here at Legal Expert, we completely understand that living with endometriosis can have a huge impact on your quality of life.
Our team are here to support you, and can connect you with medical professionals who could aid you in your recovery.
Contact Us
We hope that our guide has been useful for you today; however, if you have any questions, you can contact us by:
- Call us on 0800 073 8804
- Fill out our claim online form
- Use our live chat
More Information
Why not read our other guides on:
- How to make birth injury claims
- How to make a hospital infection claim
- How to make a dental negligence claim
Useful External Resources:
- How to claim Statutory Sick Pay from GOV.UK
- NHS Guidance on Endometriosis
- How to file a complaint against the NHS
Thank you for reading our endometriosis compensation guide. If you need any further help about claiming for gynaecology negligence, please get in touch.
