Last updated 3rd December 2024. This is a guide on when you could have valid grounds to claim compensation for contraceptive coil negligence. We will examine the standard of care medical professionals must uphold and provide those under their care and how breaches of this duty can result in unnecessary or avoidable harm. In instances where a substandard care has provided, medical negligence may have occurred, However, there are certain criteria that need to be met in order to make a medical negligence claim. We explore these further in our guide.
We will also look at how complications can arise from the negligent insertion of a contraceptive coil, the types of harm that could be caused as a result of this, as well as the possible value of a compensation payout in the event of a successful medical negligence claim.
To conclude, there is a brief overview of the advantages to you as a claimant of starting your medical negligence claim under a specific type of No Win No Fee agreement.
Our team of advisors are happy to answer your questions, talk through any concerns and offer advice on the validity of your potential claim. You can get in touch via:
- Phone on 0800 073 8804
- Our contact us form
- The live chat feature at the bottom of the page.
Select A Section
- How To Claim For Contraceptive Coil Negligence
- What Harm Could Be Caused By Contraceptive Coil Negligence?
- What Do You Have To Prove In A Medical Negligence Claim?
- Estimating Possible Compensation For Contraceptive Coil Negligence
- Get Support From A No Win No Fee Solicitor
- Read More Advice On Making A Medical Negligence Claim
How To Claim For Contraceptive Coil Negligence
Whether they work in public or private healthcare, all medical professionals owe a duty of care to their patients when administering treatment to them. They must ensure their patients receive the correct standard of care during their treatment in order to prevent causing avoidable harm.
Medical negligence, sometimes referred to as clinical negligence, involves a medical professional breaching their duty of care by failing to provide the correct standard of care, and causing a patient to suffer avoidable harm as a result.
You may be able to make a medical negligence claim for contraceptive coil negligence if you can meet the following criteria:
- A medical professional owed you a duty of care.
- There was a breach of this duty
- You suffered avoidable harm as a result of this breach.
Time Limits For Starting A Contraceptive Coil Negligence Claim
A medical negligence claim must also be started within the relevant time limit, as set out in the Limitation Act 1980. In most cases, this is 3 years from the date the incident of medical negligence took place or the date of knowledge where you first connected the avoidable harm you experienced with a medical professional’s breach of duty. In some circumstances, exceptions to this limit can apply, and an extension may be granted.
To learn more about the time limits and if any exceptions apply to your particular claim, you can speak to our team using the contact information at the top of this guide.
What Harm Could Be Caused By Contraceptive Coil Negligence?
The Intrauterine Device (IUD) and System (IUS) are two forms of contraception often called contraceptive coils. Both forms of the contraceptive coil have effectiveness (when fitted correctly) of over 99%. However, they do work slightly differently. For example:
- IUD: A small T-shaped plastic and copper device that prevents pregnancy by releasing copper into the womb and lasts for 5 to 10 years.
- IUS: A small T-shaped plastic device that prevents pregnancy through the release of progestogen and lasts for 3 to 5 years.
There are a number of ways you could suffer unnecessary or harm that could have been avoided due to contraceptive coil negligence. We have included a few examples below:
- The medical professional fitted the contraceptive coil incorrectly, causing a perforation of the uterus.
- You contracted an infection to due unhygienic practices during the insertion of the contraceptive coil.
- You suffered a miscarriage as the medical professional failed to detect you were already pregnant prior to insertion.
It should be noted that suffering harm does not always mean you are eligible to make a medical negligence claim. There may be some circumstances where it is not possible to avoid causing further injury or illness to a patient when providing the correct standard of care. In these instances, it might not be possible to seek medical negligence compensation.
For further guidance on your potential claim, please contact an advisor on the number above.
What Do You Have To Prove In A Medical Negligence Claim?
A thorough collection of evidence can help prove medical negligence and give an insight into the avoidable harm you experienced as a result. Below we have outlined a few examples of possible evidence you could gather to show you suffered harm due to contraceptive coil negligence:
- A diary outlining any symptoms you experienced post-insertion.
- The contact information of anyone present for the procedure. They could give their statement further on in the claims process.
- Medical records showing you had a contraceptive coil inserted and details of any complications you experienced post-insertion, such as infection or perforation of the uterus.
- Correspondence between you and the medical professional regarding the treatment you received.
The Bolam Test
The Bolam test is used in some cases of medical negligence. A panel of relevantly trained medical practitioners assess whether the care given to you was of the appropriate standard. You will not need to worry about organising this, and its usage is decided on a case-by-case basis. If the findings support your case, you could use this as evidence.
You can speak with an advisor about the potential evidence that you could gather to support your case in more detail. They could also assess your case to determine whether a solicitor from our panel could assist you in building your case and seeking compensation.
Estimating Possible Compensation For Contraceptive Coil Negligence
If you have a successful claim for contraceptive coil negligence, your compensation could potentially be made up of two heads of claim. These are called general damages and special damages.
General damages compensate you for the physical and psychological effects of your avoidable harm. This head of claim is awarded in every successful contraceptive coil negligence claim, and covers factors such as:
- Loss of amenity.
- How severe your pain is.
- The extent of the treatment you need.
You may be invited to attend an independent medical assessment during the claims process. Legal professionals can use the reports made from this assessment along with the Judicial College Guidelines (JCG) to value your general damages.
The JCG contains guideline compensation figures for different types of psychological and physical harm.
Guideline Compensation Table
In the table below, you can find some related types of harm and their accompanying guideline compensation figures from the JCG.
Please bear in mind that no amount of contraceptive coil negligence compensation can be guaranteed for your specific potential claim, as all claims are unique. The first figure is also not from the JCG.
| Injury | Severity | Amount |
|---|---|---|
| Multiple serious types of harm with special damages | Serious | Up to £250,000+ |
| Female Reproductive System | Infertility caused by injury or disease (a) | £140,210 to £207,260 |
| Permanent sexual dysfunction (b) | £52,490 to £124,620 | |
| Infertility in a young person who doesn't have children (c) | £68,440 to £87,070 | |
| Infertility without medical complications or sexual dysfunction (d) | £21,920 to £44,840 | |
| Infertility where the injured person would not have had children in any event (e) | £8,060 to £22,800 | |
| A delay in diagnosing a ectopic pregnancy but where fertility is not affected (f) | £4,140 to £24,930 | |
| An unwanted pregnancy from failed sterilisation (g) | In the region of £12,450 |
Special Damages
Special damages compensate you for the money you have lost as a result of your avoidable harm. Examples of costs that could be compensated include:
- Medical expenses: This can include prescriptions or any other medical costs.
- Child or domestic care costs: You may be unable to look after children or need support in the home because of the harm you have suffered. The cost of this care could form part of your compensation.
- Loss of earnings: You could claim your lost pay if you need to take time off work to recover.
- Transport costs: You could claim back the costs of any transport to and from work if rendered unable to drive.
However, special damages are not awarded in every successful contraceptive coil negligence claim. For this reason, you must provide evidence of the financial losses you have incurred due to negligence. Such evidence can include payslips, receipts, bank statements, and invoices.
To find out more about how compensation is calculated, please contact us today.
Get Support From A No Win No Fee Solicitor
If you meet the eligibility criteria, one of our medical negligence solicitors may be able to help with your case. They can offer you a Conditional Fee Agreement (CFA), a type of No Win No Fee contract. Under these terms, there are generally no upfront fees, nor will you have to pay the solicitor for their services as your claim moves forward. Also, if your claim is unsuccessful, you will not have to pay the solicitor for their work.
If your claim is successful, you will receive a compensation settlement. The solicitor will take a percentage of this, part of which could cover their services. This is known as a success fee. The percentage a solicitor can take is subject to a cap by law and is agreed upon before your claim begins, so you will keep most of your compensation.
You can speak to our team via:
- Phone on 0800 073 8804
- Our contact us form
- The live chat feature at the bottom of the page.
Read More Advice On Making A Medical Negligence Claim
More of our guides:
- Learn what you could claim for a medical misdiagnosis.
- Read more about making a claim for delayed treatment.
- See our guide on claiming for a birth injury.
More resources:
- General Medical Council (GMC) – Patient Guides and Materials
- NHS Resolution – Annual Statistics
- Gov – NHS Constitution for England
Thank you for reading our guide on how to claim for contraceptive coil negligence. You can contact our advisors using the contact information above with any questions or if you would like to talk more about your potential claim.
Written by Clark
Edited by Mitchell
