If you have sustained any avoidable injury while undergoing any gynaecological procedure, it may be possible to make compensation claims for gynaecological negligence. As with all medical negligence compensation claims, it has to be proven that your injury was avoidable “at the time and in the circumstances” and attributable to an act or omission by a medical professional who had a duty of care for your wellbeing.
On some occasions it is possible that an injury could not have been avoided. Or, it may be the case that your gynaecologist was undoubtedly negligent, but you sustained no injury as a result. This article explains some of the circumstances in which you may be eligible to claim compensation for gynaecology injuries; but, as no two compensation claims for gynaecologist negligence are identical, it is in your best interests to speak with a medical negligence solicitor at the first practical opportunity.
Claim for an Injury to the Bladder, Bowel or Uterus
It is possible to sustain an injury to the bladder, bowel or uterus in a variety of gynaecological procedures. Most avoidable injuries occur during keyhole hysterectomy surgery when one of the organs has been damaged and the injury not noticed. The failure to repair a damaged organ can lead to several complications which may require open surgery to resolve, in which case you should speak with a solicitor about making a claim for an injury to the bladder, bowel or uterus.
Claim for Inadequate Episiotomy Repairs
Episiotomy procedures are not as commonplace as they once were, but nonetheless there is no justifiable reason why a gynaecologist would conduct an episiotomy procedure without ensuring that the incisions made in the perineum are stitched correctly to facilitate a quick healing process. If the healing process is handicapped by the gynaecologist´s negligence – or you develop an avoidable infection – you should be able to claim for inadequate episiotomy repairs.
Claim for the Misdiagnosis of Cervical Cancer
Although the majority of compensation claims for gynaecologist negligence revolve around injuries to the reproductive system, possibly the most devastating injury that can be sustained due to the negligence of a gynaecologist is the misdiagnosis of cervical cancer. If your gynaecologist has failed to identify the signs of the condition developing, and your health deteriorates as a result, you will be able to claim for the misdiagnosis of cervical cancer.
Establishing Negligence in Compensation Claims for Gynaecologist Negligence
In order to prove that your avoidable injury was attributable to an act or omission by a medical professional, your solicitor will ask your permission to have your medical records examined by an independent medical expert. The medical expert will compile details of any medical negligence he or she finds, which will then be passed to your solicitor.
Your solicitor will use the evidence of medical negligence to support your claim for compensation for gynaecology injuries, which he or she will advise your hospital about in a “Letter of Claim”. The hospital (or more frequently the NHS Trust responsible for the standard of care at the hospital) has ninety days in which to conduct its own investigation into compensation claims for gynaecologist negligence and either accepted liability for your injuries or contest your claim.
How a Claim for a Gynaecology Injury Progresses
If liability for your gynaecological injury is accepted, your solicitor will start negotiations with the NHS Litigation Authority to settle your claim for your full entitlement of compensation. If your claim is contested, your solicitor will discuss your options with you based on the relative strength of your case against the Trust´s denial of liability.
Often the issuing of court proceedings is the next step. However, this does not necessarily mean that you will be involved in a distressing court hearing. Compensation claims for gynaecologist negligence are often settled by negotiation “out-of-court” when your solicitor has constructed a sufficiently strong case and the NHS Trust wishes to avoid further legal costs.
How Much Compensation for Gynaecology Injuries?
Compensation claims for gynaecologist negligence are settled according to the nature and extent of the injury, the pain and suffering you have experienced and the impact that your medical professional´s negligence may have on your future childbearing opportunities. There may also be some element of psychological injury that should be accounted for.
Some gynaecological injuries have significant and permanent consequences that result in a deterioration of the claimant´s quality of life, and your solicitor will take this into consideration when calculating how much compensation for gynaecology injuries you are entitled to; along with any related expenses you may have already incurred or may incur in the future.
Further Information about Compensation Claims for Gynaecologist Negligence
No two compensation claims for gynaecological negligence are identical because of the consequences that an injury can have on an individual´s quality of life. Consequently we invite you to call our Medical Negligence Advice Bureau, where you will be able to speak directly with a medical negligence solicitor and discuss the specific circumstances of your gynaecological injury.
We do not ask for any undertaking from you to proceed with a claim for compensation for gynaecology injuries when you contact our service, and all calls to our Medical Negligence Advice Bureau are absolutely confidential. You can call us at any time to have your legal questions answered, and thereafter we recommend that you focus on your wellbeing while we investigate whether there is a claim for gynaecologist negligence which may be worth your while to pursue.