In this guide, we will look at the factors that influence whether someone could have a valid gynaecologist negligence claim. Gynaecology is the area of medicine that focuses on the female reproductive system.
Gynaecologist negligence claims guide
We will look at the eligibility criteria for these kinds of claims. This guide will also outline how your medical negligence claim could be assigned a value and what kinds of damages a successful settlement could include.
Furthermore, we will explore the evidence you could collect in support of a claim. We will also look at examples of how someone could suffer harm when visiting a gynaecologist.
To conclude, this guide will look at the benefits of making a gynaecologist negligence claim on a No Win No Fee basis, should you have an eligible case and want expert advice. To learn whether you can appoint a solicitor from our panel, contact our advisors now by:
- Calling us on 0161 696 9685
- Filling in our contact us form
- Speaking with us directly on our website through live chat
Select A Section
- What Could You Claim For Gynaecologist Negligence?
- Eligibility To Claim For Gynaecological Medical Negligence
- How Do You Prove Gynaecologist Negligence?
- What Injuries Could Gynaecological Negligence Cause?
- How A No Win No Fee Medical Negligence Solicitor Could Help You
- Further Medical Negligence Claim Resources
What Could You Claim For Gynaecologist Negligence?
Up to two heads of claim can be awarded in successful gynaecologist negligence case settlements. The first head compensates you for the pain and suffering caused by the avoidable harm that you experienced and is called general damages. The amount you could be awarded can vary depending on factors like whether you’re suffering from permanent effects and how your quality of life was affected.
To help assign a value to your medical negligence claim, a legal professional could look to the Judicial College Guidelines (JCG). The JCG provides valuation brackets for different types and severity of harm. Also, your medical reports could be compared to the JCG guidance figures.
Even though we cannot guarantee the level of compensation you could receive due to the unique nature of each case, please find a table below with JCG guidance amounts for different types of harm to use as guidelines.
Compensation Table
| Injury | Compensation | Notes |
|---|---|---|
| Reproductive system (Female) | £114,900 to £170,280 | Infertility with an effect on sexual function, depression, pain, anxiety and scarring. |
| £56,080 to £71,350 | Infertility, with no sexual dysfunction, in a young person without children. | |
| £17,960 to £36,740 | Infertility without complications and where the person has children already. | |
| £6,610 to £18,680 | Infertility, where the person never intended on having children, regardless of the incident. | |
| In the region of £10,200 | Failed sterilisation that causes an unwanted pregnancy but there's no serious mental impact. | |
| Lung | £70,030 to £97,330 | Cancer, which causes severe pain and impairs function and quality of life. |
| Bladder | £63,980 to £79,930 | Serious impairment of control, with some incontinence and pain. |
| £23,410 to £31,310 | Some fairly long-term interference with organs natural function but where an almost complete recovery should be made. |
How Do Solicitors Calculate Special Damages?
The second head of claim you could receive is special damages, compensating you for reasonable past and future losses you experience due to medical negligence. To ensure you are compensated fully for your losses, you should keep any evidence you have of them.
Evidence can include:
- Receipts
- Invoices
- Payslips
A solicitor from our panel could help you gather evidence as part of their service if you have an eligible gynaecologist negligence claim. Contact our team of advisors now for a free case assessment.
Eligibility To Claim For Gynaecological Medical Negligence
All medical professionals are legally entitled to provide their patients with the correct standard of care, and failure to do so could result in them being liable for avoidable or unnecessary harm that you experience as a result. To make a gynaecologist negligence claim, you must show that:
- There was a duty of care owed to you
- This duty of care was breached
- As a result of this breach, you suffered unnecessary harm
Contact our team of advisors now to determine if you’re eligible to make a medical negligence claim.
Time Limits In Gynaecologist Negligence Claims
As well as satisfying the eligibility criteria to make a medical negligence claim, you must also adhere to the Limitation Act 1980 time limits. In most cases, you will have three years from the incident to begin your medical negligence claim.
However, if it’s only possible to be aware of the avoidable harm you suffered later, the time limit will begin from the date of knowledge. This is the date you were made aware of (or would have been expected to have been aware of) the unnecessary harm you suffered.
Also, if an individual lacks the mental capacity to claim compensation themselves, the courts could appoint a litigation friend to pursue the case. They can start a claim at any point because the time limit is suspended. Yet, if an individual gained the capabilities to claim for themselves and none had already been initiated, they would have three years in which to do so.
Furthermore, if the claimant is under 18, the courts could appoint a litigation friend, and no time limits would apply to beginning a claim while they’re underage. If the claimant reached their 18th birthday and no claim had been made, they’d have three years in which to begin proceedings themselves.
If you would like to speak with someone about the time limits that apply to claiming, get in touch with our team today. You could be connected with a lawyer from our panel if you have a valid case.
How Do You Prove Gynaecologist Negligence?
When making a medical negligence claim, it’s important that you can prove that you suffered unnecessary harm due to a medical professional not providing you with the minimum standard of care expected from them. Evidence can be very useful to prove that medical negligence occurred and show how you’ve been affected by it. Some examples of evidence you could use include:
- Your medical records
- An independent medical report
- Witnesses
In some cases, the Bolam test might be used. This test can help determine whether the medical attention you received was of an acceptable level by asking medical professionals if the correct standard of care was applied. If the test is deemed appropriate for use in your case, it will be arranged for you.
Contact our team of advisors today to find out the validity of your case. If eligible, a solicitor from our panel could help build an evidence portfolio as part of their service to assist with your gynaecologist negligence claim.
What Injuries Could Gynaecological Negligence Cause?
Gynaecologist negligence occurs when a patient suffers unnecessary harm due to a medical professional not providing them with the minimum standard of care they’re entitled to. Below we provide examples of how you could suffer harm when you visit your gynaecologist.
- You could have a contraceptive coil fitted to stop you from becoming pregnant. However, there is a complication during the procedure, and you suffer a uterine perforation as a result
- You may go for a routine gynaecology check-up, and during the appointment, your gynaecologist fails to spot potential signs of cancer. Due to the cancer misdiagnosis, it spreads to your liver and lungs and you require a hysterectomy.
- You could need a hysterectomy, but you experience an injured bladder because the surgeon’s scalpel slips.
To discover if you could be connected with a solicitor from our panel, contact an advisor from our team today.
How A No Win No Fee Medical Negligence Solicitor Could Help You
You may want legal representation to ensure your gynaecologist negligence claim runs smoothly. If so, consider instructing a No Win No Fee legal professional who offers a Conditional Fee Agreement.
Working with a legal professional on this basis would mean:
- You wouldn’t have to pay any legal fees to begin working with them
- You wouldn’t be required to pay any ongoing fees to keep your file progressing
- That if your claim won, you’d pay a success fee, a little percentage of the compensation you receive which is legally capped
- That if your claim didn’t succeed, you wouldn’t have to pay a success fee
Our panel of solicitors offer their services under a Conditional Fee Agreement. They have years of experience dealing with similar types of claims. Moreover, they’d only take on your file if they believed it had a good chance of success, meaning your time would be used effectively with them.
Contact our team of advisors now to see if you can work with a solicitor from our panel on your gynaecologist negligence claim by:
- Calling us on 0161 696 9685
- Completing our contact us form
- Speaking with us directly on our website through live chat
Further Medical Negligence Claim Resources
We hope this guide has answered any questions you may have had on making a claim due to gynaecologist negligence. For more of our guides, please look below:
- What is the average payout for cancer misdiagnosis?
- How to claim compensation due to GP negligence
- Claiming compensation due to a stroke misdiagnosis
For some external resources, please look here:
- Causes, diagnosis and treatments for vulval cancer – An NHS Guide
- The NHS Constitution – A Guide from Gov UK
- Contraceptive information surrounding the Intrauterine device (IUD) – A guide from the NHS
Written by WG
Edited by FS