Gynaecology negligence claims

To support a gynaecology negligence claim, you’ll need evidence that demonstrates both the failure in care and the harm it caused. When you instruct us, one of the first things we’ll do is start gathering what’s needed. Key types of evidence include:

• Medical records, including all records relating to the treatment in question
• Witness statements from you, and anyone else who witnessed the care you received
• Independent expert evidence from medico-legal specialists who can give their opinion on whether the standard of care was breached and how that caused your harm
• Any complaints correspondence with the healthcare provider
• Financial records documenting losses such as medical bills, travel costs, and lost income
• Photographs or videos, where relevant

You don’t need to gather this yourself. We’ll guide you through everything and take on the investigative work on your behalf.

In most cases, you have three years from the date of the negligence – or from the date you first became aware that something may have gone wrong – to make a claim. If you were under 18 when the negligence occurred, the three-year period starts from your 18th birthday.

The rules on time limits in clinical negligence are complex, and there are exceptions in certain circumstances. It’s important to seek legal advice as early as possible to make sure you don’t miss any critical deadlines. We can advise you on your specific situation and make sure your case is investigated in good time.

Yes. Gynaecology negligence claims can be pursued on a No Win No Fee basis, also known as a Conditional Fee Agreement (CFA). This means you don’t pay any legal fees upfront, and there is no financial risk to you if your claim is unsuccessful – an insurance policy protects you in that event.

If your claim succeeds, your opponent pays most of your legal costs. Any unrecovered costs come from an agreed percentage of your settlement, which we discuss and agree with you before we start.

Other funding options may be available in some cases, and we’ll talk through the details with you when we take on your case.

The time it takes to settle a gynaecology negligence claim varies depending on several factors:

• Complexity of the case – more complex cases, particularly those involving severe injuries, tend to take longer
• Evidence gathering – collecting medical records, expert opinions, and other evidence takes time
• The defendant’s response – if the healthcare provider admits liability, the process can move more quickly; if they contest the claim, it may take longer and could go to court
• Negotiation and settlement – most claims are settled out of court, which can speed things up
• Court proceedings – if proceedings become necessary, it can take several years to reach a conclusion, though settlement remains possible at any stage

Once a settlement is agreed, you can usually expect to receive your compensation within a few weeks. One of our specialists can give you a more accurate timeline once we’ve reviewed the specifics of your case.

To have a valid claim, we need to be able to establish four things: that the healthcare provider owed you a duty of care (which is standard in any medical setting); that they breached that duty by failing to meet the expected standard of care; that this breach directly caused your harm; and that you suffered loss or injury as a result.

You don’t need to work this out yourself. If you think any of these factors may apply to your situation, contact us and one of our experienced solicitors will assess your case. We’ll give you clear, honest advice on whether you have a valid claim and what your options are.

Medical negligence in gynaecology can arise from various situations where the care provided falls below the expected standard, leading to harm or injury. Here are some common examples:

• Misdiagnosis or delayed diagnosis: This can include failing to diagnose conditions such as cysts, endometriosis, ovarian, cervical, labial or endometrial cancer, or other gynaecological disorders, in a timely manner.
• Surgical errors: Mistakes made during gynaecological surgeries, such as hysterectomies or laparoscopies, can lead to significant complications and injuries including uterus, bowel or bladder perforation.
• Transgender/gender reassignment: Negligence in performing procedures or the provision of medication.
• Failure to obtain informed consent: Performing procedures without adequately informing the patient of the risks and alternatives so that they can make an informed decision can also be considered negligence.
• Errors in treatment: This can involve prescribing the wrong medication, incorrect dosages, or inappropriate treatment plans for conditions such as menopause or contraception, and incorrect insertion of IUDs.