Last Updated On 28th October 2024. This is an informative guide covering when you may have valid grounds to make a gynaecologist negligence claim. Gynaecologists are medical professionals specialising in the health of the female reproductive system. Like all other medical professionals, gynaecologists owe a duty of care to their patients. They must provide care that meets the correct standard. If they do not, you could experience avoidable harm and potentially have grounds to start a medical negligence claim.
In this guide, we will outline all eligibility requirements that your case must meet to be considered eligible. Also, we will explain some examples of gynaecology negligence.
Furthermore, we will discuss the different types of evidence you could obtain to support your claim and provide guideline compensation brackets for various harm that could result from medical negligence.
Lastly, we will explain when No Win No Fee medical negligence solicitors could benefit both you and your potential claim.
If you would like to make any enquiries regarding a potential medical negligence claim, you can speak with a member of our team at any time. We have advisors on hand who are available 24/7. They have access to our solicitors but will not obligate you to further your claim with us.
You can:
- Call an advisor on 0800 073 8801
- Contact us via our online form for a callback
- Use the live chat window below to speak to a team member today
Select A Section
- How To Claim For Gynaecologist Negligence
- What Does Gynaecology Negligence Mean?
- Important Evidence In Medical Negligence Cases
- Estimated Settlements For Gynaecologist Negligence Claims
- How To Claim With A No Win No Fee Solicitor
- Read More About Claims For Negligent Medical Care
How To Claim For Gynaecologist Negligence
Gynaecologists are trained medical professionals, and as such they have to ensure their care remains at the correct standard at all times. This is central to the duty of care they owe every patient.
To uphold these standards, gynaecologists could look at the standards set out by their regulatory body, the Royal College of Obstetricians and Gynaecologists. For example, a gynaecologist can uphold the right standards by:
- Carrying out a preoperative assessment.
- Getting valid consent to carry out a procedure.
- Checking for pregnancy, with informed consent, before surgery on a woman of reproductive age.
Gynaecologist negligence occurs when a professional does not provide the correct level of care, causing a patient to suffer harm that could have been avoided with competent treatment.
You could seek medical negligence compensation if your gynaecologist failed to uphold their duty and you suffered avoidable harm as a result.
Learn more about gynaecology claims and their eligibility by speaking to our helpful advisors today.
How Much Time Do You Have To Claim?
Generally, as outlined by the Limitation Act 1980, you have three years to start a medical negligence claim. This can begin on either of the following dates:
- The date that the medical negligence took place, or
- The date that you made the link between medical negligence and the harm you suffered.
However, it is important to note that certain exceptions can apply to this limitation period. Please enquire about these exceptions in connection with your case by speaking to a member of our team. They can provide insight into your eligibility to claim and offer advice on the next steps you may want to take.
What Does Gynaecology Negligence Mean?
Various different causes could result in a case of gynaecologist negligence. Below we will provide some examples of how the failings of a gynaecologist could cause you harm:
- You are seen by an obstetrician-gynaecologist, to whom you clearly explain all the symptoms that you have, which point towards an ectopic pregnancy. However, the gynaecologist fails to send you for any tests and sends you home with the incorrect diagnosis of menstrual cramps. Following this, your condition worsens and becomes progressively more serious until your fallopian tube ruptures.
- You need to have one of your fallopian tubes removed. However, the incorrect one is removed during surgery in a hospital. This results in you losing a healthy fallopian tube and needing to undergo a second surgery to have the correct one removed.
- You are referred to a gynaecologist because your GP suspects ovarian cancer, yet your results from tests are mixed up, causing a delay in treatment. This causes the cancer to spread and your prognosis to worsen.
If you are unsure whether you may have an eligible gynaecologist negligence claim, please give one of our advisors a call today. They can provide insight into whether a medical professional is liable for any harm you have sustained.
Important Evidence In Medical Negligence Cases
It is important to prove medical negligence in a compensation claim. To do this, you could obtain the following:
- A copy of your medical records
- The results from an independent medical assessment
- Any test results
- A self-kept diary of your symptoms and any treatment undergone
- The contact details of any witnesses
- Any prescriptions you were given
Also, the Bolam test could be used to assess the level of care you received from your gynaecologist. This is where a panel of other relevantly trained medical professionals assess the standard of care that you received. Therefore, the findings may be used as evidence.
If you choose to use the services of a solicitor, they can help you to collect and present your evidence. Please speak to one of our advisors to learn more about the steps you could take towards strengthening your claim.
Estimated Settlements For Gynaecologist Negligence Claims
For successful gynaecologist negligence claims, you could be eligible to receive an award consisting of a maximum of two types of damages: general and special.
General damages is the head of claim that can compensate for the medical negligence. It considers the severity of the avoidable harm you suffered and the impact that it has on your life generally.
As a guide to general damages in medical negligence claims, take a look at the table below. To make this table, we have referred to the Judicial College Guidelines (JCG), which those valuing your harm for a medical negligence claim can use as a helpful resource. Please note that the figure given in the first row is not from the JCG.
Guideline Compensation Table
Please consider the following table a guide. The unique details of each successful medical negligence case determine the compensation award.
| Female Reproductive System Harm | Details | Guideline Compensation Brackets |
|---|---|---|
| Serious Reproductive Damage Plus Financial Harm | As well as significant harm, the claimant receives a payment for medical bills, psychological treatment costs, lost earnings, and other monetary losses. | Up to £250,000+ |
| Infertility With Complications | Infertility accompanied by pain, severe depression and anxiety, sexual dysfunction and further problems. | £140,210 to £207,260 |
| Sexual Dysfunction - Likely Permanent | In the case of a person that already has children or wouldn't have had any in any event. | £52,490 to £124,620 |
| Infertility - No Aggravating Features | This also applies to sexual dysfunction in a young person with no children. | £68,440 to £87,070 |
| Infertility - No Complications or Dysfunction | Infertility where there are no medical complications or sexual dysfunction. The person will already have children. | £21,920 to £44,840 |
| Infertility - No Children | Infertility in a case where the person wouldn't have had any children anyway. | £8,060 to £22,800 |
| Delayed Ectopic Pregnancy Diagnosis | Fertility is unaffected. | £4,140 to £24,930 |
| Failed Sterilisation | It leads to an unwanted pregnancy. There will be no serious psychological effects or depression. | In the region of £12,450 |
What Could Special Damages Include?
As well as general damages, you could also receive special damages. This is the head of claim that accounts for the monetary losses resulting from the medical negligence. Some examples of losses are:
- Travel costs
- Housing adaptations
- Care expenses
- Loss of earnings
You must produce proof to support special damages. For example, you can present travel tickets, receipts and invoices, or payslips.
Please speak to one of our advisors to enquire about gynaecological negligence settlements. They can provide you with a personalised estimate of the compensation that you may be eligible to receive.
How To Claim With A No Win No Fee Solicitor
It is not a legal requirement for you to use a solicitor when pursuing compensation for gynaecologist negligence. However, it can provide you with many potential benefits. For example, you can receive expert advice from a professional that you trust.
What’s more, a solicitor can offer to handle your claim on the basis of a popular type of No Win No Fee agreement. This is known as a Conditional Fee Agreement (CFA) and generally provides the following benefits:
- No upfront fees for the services of your medical negligence solicitor, nor any running costs.
- No fees are to be paid for the services provided by your solicitor at all if your case fails.
- A No Win No Fee solicitor can receive a success fee in the event that your claim is successful. This is a small percentage taken from the compensation, which is capped by law and will be discussed between you and your solicitor before entering into the arrangement.
Discuss Your Claim With Our Team
Allow one of our advisors to assess your potential gynaecologist negligence case. If they determine that you may have an eligible claim, they could put you in contact with one of our No Win No Fee gynaecological negligence solicitors.
You can:
- Phone us on 0800 073 8801
- Contact us via our online form for a callback
- Use the live chat window below to speak to a team member today
Read More About Claims For Negligent Medical Care
Please find more information about medical negligence claims from further guides from our substantial collection:
You can also explore the following external sources to learn more:
- NHS – Urgent and emergency care services
- GOV.UK – Guidance on Statutory Sick Pay (SSP)
- General Medical Council (GMC) – Good medical practice
We hope that you have found this guide to gynaecologist negligence claims helpful. Although, if you have any questions, you can get in contact with one of our advisors via the contact details above.
