Expert Advice On Gynaecologist Negligence
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. Similarly to all medical professionals, gynaecologists owe their patients a duty of care. They must provide care that meets the correct standard. If they do not, you could suffer avoidable harm and potentially have grounds to make 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 get in contact 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
There are eligibility requirements that must be met for all potentially legitimate medical negligence claims. These are as follows:
- Firstly, a medical professional owes you a duty of care to provide the correct standard of care.
- Then, they breach this duty of care.
- Lastly, you suffer avoidable harm as a cause of this breach.
This is the definition of medical negligence. If, for example, a gynaecologist were to provide you with the correct standard of care, but you suffer harm, this would not constitute negligence. Therefore, you would be unable to claim medical negligence compensation.
In the following section, we will look at the time limits applicable to medical negligence claims, as it is important that the limitation date has not passed for your case.
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 suffered.
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 up to two types of damages: general and special.
General damages is the head of claim that can compensate for the medical negligence. This can consider the severity of the avoidable harm you have suffered and the impact that it has on your quality of life.
As a guide to general damages in medical negligence claims, we have provided the table below. To make this table, we have referred to the Judicial College Guidelines (JCG), which gynaecological negligence solicitors can also use to help them value a medical negligence claim.
Please consider the following table a guide. The unique details of each successful medical negligence case determine the compensation award.
Guideline Compensation Table
| Type of Harm | Details | Guideline Compensation Brackets |
|---|---|---|
| The Female Reproductive System (a) | Infertility accompanied by pain, severe depression and anxiety, sexual dysfunction and further problems. | £114,900 to £170,280 |
| The Female Reproductive System (b) | Sexual dysfunction, which is likely permanent, in the case of a person that already has children or wouldn’t have had any in any event. | £43,010 to £102,100 |
| The Female Reproductive System (c) | Infertility accompanied by no aggravating features or sexual dysfunction in a young person with no children. | £56,080 to £71,350 |
| The Female Reproductive System (d) | Infertility where there are no medical complications or sexual dysfunction. The person will already have children. | £17,960 to £36,740 |
| The Female Reproductive System (e) | Infertility in a case where the person wouldn’t have had any children anyway. | £6,610 to £18,680 |
| The Female Reproductive System (f) | The diagnosis of an ectopic pregnancy is delayed but fertility is unaffected. | £3,390 to £20,430 |
| The Female Reproductive System (g) | A failed sterilisation that results in an unwanted pregnancy. There will be no serious psychological effects or depression. | In the region of £10,200 |
What Could Special Damages Include?
As well as general damages, you could also receive special damages. This is the head of claim that can compensate for the monetary losses resulting from the medical negligence. This could include:
- Travel costs
- Housing adaptations
- Care expenses
- Loss of earnings
It is crucial to mention that you will need to provide evidence to support special damages. This could include keeping travel tickets, receipts and invoices, and obtaining 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 work on 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 or ongoing fees for the services of your medical negligence solicitor.
- No fees are to be paid for the services provided by your solicitor at any time 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 legislation 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:
- 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
Read More About Claims For Negligent Medical Care
Please find more information about medical negligence claims from further guides on our website:
You can also explore the following external sources to learn more:
- NHS – Urgent and emergency care services
- GOV.UK – 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.