This guide will provide information about if you could claim compensation if you suffered unnecessary harm due to gynaecologist negligence. It looks at the duty of care a medical professional owes to you. If you suffer harm due to a breach in this duty, you could be entitled to compensation. We look at medical negligence claims and provide a few examples of when a gynaecologist might have acted negligently.
If you have a potential claim, you may like to have the support of a solicitor. We conclude the guide with a look at the benefits of a solicitor providing their services on a No Win No Fee basis.
Should you have any questions while reading this guide, please get in touch with an advisor from our team. The advice is free and if you would like to start a claim for medical negligence, they can help.
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- Could I Make A Claim For Gynaecologist Negligence?
- What Is Gynaecologist Negligence?
- How To Prove A Medical Professional Acted Negligently
- Examples Of Payouts For Gynaecologist Negligence
- How To Get Help From A No Win No Fee Medical Negligence Solicitor
- Discover More About Claiming For Gynaecologist Negligence
In order to claim for gynaecologist negligence, you must be able to meet the eligibility criteria. For medical negligence claims, you must be able to prove:
- A medical professional owed you a duty of care.
- This was breached.
- You suffered avoidable harm as a result.
When you are under the care of a gynaecologist, they must provide you with the correct standard of care. This is their duty of care. If you suffer unnecessary harm due to a breach in this duty of care that they owe you, you might be entitled to claim compensation.
However, if a medical professional has provided a service that meets the correct standards, but you suffer harm, this does not meet the requirements needed to make a medical negligence claim.
Time Limits To Claim For Negligent Gynaecological Care
If you would like to claim compensation for negligent gynaecological treatment, you must start the process within the three year time limit set by the Limitation Act 1980. This could be from the date of the incident or the date that you first realised that the harm you experienced was caused by negligence.
However, for certain medical negligence claims, there are exceptions to the time limit. These include:
- Those who lack the mental capacity to start proceedings for themselves. In these cases, the time limit suspension is indefinite. During this time, a court-appointed litigation friend can begin their case. If they regain this capacity without a claim being started for them, they will have 3 years from that date to start the process.
- Those under the age of 18 will have a pause applied to the time limit until their 18th birthday. Once the pause is lifted, they will have 3 years to begin a claim if a litigation friend did not act on their behalf.
Please contact our advisors to find out if you are within the limitation period.
There are potentially different ways a gynaecologist could breach their duty of care and cause you unnecessary harm. Below, we’ve included a few examples of scenarios:
- Failure to diagnose cervical cancer could occur due to misreading test results.
- You could have an unnecessary hysterectomy because your medical records were mixed up with another patient.
- Mis-inserting a coil contraceptive and causing a perforated womb.
To discuss your situation, please get in touch with one of the advisors from our team.
You must have sufficient evidence to support your claim. Some examples of evidence that could be useful when claiming for clinical negligence include:
- Test and scan results. For example, if you weren’t sent for appropriate tests and suffered a worsening of the original condition due to a delayed diagnosis, you could submit scans showing how the condition progressed.
- A copy of your medical records that show the harm you suffered and the additional treatment you required.
- Witness contact details if you brought someone along to an appointment with you. They can give a statement later in the claiming process.
Additionally, the Bolam test might be used to determine whether the correct standard of care was provided. This is where other gynaecologists may be asked whether the care you received was of an acceptable standard.
If you have any questions about what evidence you could gather to support your claim, please get in touch with our advisors.
If your claim for gynaecologist negligence is successful, your settlement will consist of general damages and, on some occasions, special damages.
General damages compensate for medical negligence. Legal professionals refer to a document called the Judicial College Guidelines (JCG) as guidance when valuing claims. The JCG contains a list of different types of harm alongside compensation brackets.
In our table below, we’ve provided some of the figures listed in the 16th edition of the JCG. Please only use it as guidance.
Type of Harm Notes JCG Bracket
Female Reproductive System The claimant has suffered infertility with sexual dysfunction, severe mental health symptoms, pain and scarring. £114,900 to £170,280
Female Reproductive System In this bracket, the claimant suffers sexual dysfunction, which is likely permanent. They already have children or wouldn't have them in any event. £43,010 to £102,100
Female Reproductive System In this bracket, a young person without children suffers with infertility, but without aggravating features and sexual dysfunction. £56,080 to £71,350
Female Reproductive System This bracket includes infertility without complications in claimants that already have children. The award considers the psychological reaction. £17,960 to £36,740
Female Reproductive System This bracket includes infertility in claimants that wouldn't have children in any event. £6,610 to £18,680
Female Reproductive System The bracket includes a delay in diagnosing an ectopic pregnancy without an impact on fertility. £3,390 to £20,430
Female Reproductive System In this bracket, claimants have experienced an unwanted pregnancy due to a failed sterilisation, but without serious psychological impact. In the region of £10,200
Other Ways Claimants Could Be Compensated
Additionally, your settlement may include special damages. This head of claim recovers any financial losses caused by the negligent gynaecological treatment. If you are claiming for special damages, you should provide evidence of your losses, such as wage slips and receipts.
Here are some examples of special damages that could be recovered as part of a medical negligence claim:
- Loss of earnings, including your past, present and future losses.
- Medical expenses, such as painkillers.
- Travel costs, including taxis to attend hospital appointments.
You can get in touch with an advisor for a free personalised claim valuation.
If you would like to make a medical negligence compensation claim for gynaecologist negligence, you may benefit from the support of a solicitor. One of the solicitors from our panel could help you. They have lots of experience with claims for medical negligence.
The medical negligence solicitors from our panel generally offer their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
Under this type of agreement, your solicitor won’t charge you upfront or ongoing fees for the service they provide. They will take a success fee from your award if your claim has a positive outcome. The law limits the percentage that can be taken as a success fee. If your claim does not succeed, you won’t be asked to pay this fee.
Talk To Our Team
To find out if you have valid grounds for a claim for clinical negligence, please get in touch with an advisor from our team. They can answer your questions about medical negligence 24 hours a day, 7 days a week. Additionally, if your claim seems like it could succeed, you could be connected to one of the solicitors from our panel.
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