Medical Negligence Claims – Gynaecology
Gynaecology treatment can be a daunting time for any woman and one where you place your complete trust in the hands of medical professionals. Unfortunately, mistakes and misdiagnoses do happen, and our knowledgeable yet approachable team of solicitors at Freeman Harris can help you make a medical negligence claim and receive the compensation you deserve. No amount of money can undo negligence, however it can allow you to live the best quality of life possible.
What qualifies as negligent care?
Anyone that suffers negligent care is often left devastated and confused as to how this could have happened. With gynaecological cases, this can often leave women with severe pelvic pain, urinary incontinence, unable to have sexual intercourse, and severe abdominal pain.
More often than not, this happens due to a lack of information from the medical professionals, failing to make the patient aware of all of the risks involved. You may sign a consent form, however you cannot give your full consent if you haven’t been made aware of all of the risks associated.
If something has gone wrong during a gynaecological procedure, contact our team of solicitors, who understand the sensitivity of this situation whilst having expert knowledge of these types of cases.
We understand that these topics can be difficult to discuss, however be rest assured that we will handle your claim with care and knowledge.
Our Legal Team
You have three years from the date the injury happened, or from the date you were aware that something had happened.
This will depend on your case. If a GP has made an error, the claim will either be handled by the GP’s professional indemnity provider or NHS resolution. If the error was made in a hospital, all NHS hospitals are represented by an NHS trust, so it is the trust who will be the defendant to any claim where the breach of duty of care occurred in one of its hospitals rather than any individual. NHS resolution is the insurance cover which handles these claims.
Yes, although limitation is 3 years from when the incident occurred, this can also be from the date you were aware that something was not right.
The reasons women undergo gynaelogical surgery vary, it could happen owing to such as a vaginal prolapse, stress urinary incontinence, cysts or fibroids. It is essential that you are informed of all of the ‘material risks’ of any of these procedures. It is also your right to be made aware of any alternative treatments that could have been available i.e non-surgical intervention.
With this, even if you signed a consent form, you may still be able to bring a gynecology or maternal injury negligence claim because if you haven’t been informed of all of the risks, then you cannot provide your full consent even if you have signed a consent form.
If there is a physical injury resulting from substandard gynaecology care, it is likely that an examination will be required so that an independent expert can advise the solicitors on ‘condition and prognosis’. This involves a medico-legal report outlining the additional injury which would have been avoided if the negligent care had not occurred. The report describes the woman’s current condition and her likely prognosis, which in turn helps the lawyers to determine the financial compensation to claim for.
During the examination the expert may wish to undertake gynaecological / urogynaecological tests. We will determine this before your appointment so that you know exactly what to expect, and if you like we can request a female expert for you.
The expert will be someone suitably qualified in the appropriate field of medicine and who is entirely independent of the clinicians/hospitals involved in your care. This can mean that the expert may not be local to you, but we will always check that you are able to travel to the place where the appointment needs to take place.
Gynaecology includes any medical treatment that has to do with the female reproductive system. This includes but is not exclusive to:
- Vaginal mesh insertion
- Treatment for incontinence
- The removal of fibroids
- The removal of ovarian cysts
- The removal of an ectopic pregnancy
- IVF treatment
- Fertility investigations
- Treatment for perineal tears
- Treatment for congenital defects
- Treatment for menstrual disorders, such as heavy periods (menorrhagia)
What our Medical Negligence clients say
Medical Negligence Fees
|Medical Negligence Claim||No Win, No Fee, Generally|
|Medical Negligence Claim Review||No Fees|
|Medical Reports (If Required)||TBD|