Gynaecological conditions are often sensitive, uncomfortable to discuss, and easy to dismiss as normal. That combination means problems can go unrecognised for a long time, and gynaecology medical negligence claims frequently involve women who raised concerns repeatedly before anyone took them seriously. Others follow surgery that went wrong or treatment given without a proper explanation of the risks. This article sets out the failings that most often give rise to claims in this field, the part that consent plays, and what to think about if you believe your treatment fell short.
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What Sorts Of Failings Give Rise To Gynaecology Medical Negligence Claims?
The types of failings that give rise to gynaecology medical negligence claims are wide and varied and include:
• Delayed diagnosis. Cancers of the cervix, ovary, womb, and vulva can present with symptoms that are attributed to something else, and a delay in diagnosis may mean more extensive treatment or a poorer outcome. Endometriosis is another frequent subject of complaint, with many women waiting years for a diagnosis despite persistent symptoms.
• Surgical claims. Injury to the bladder, bowel, or ureter during a hysterectomy or laparoscopy, retained surgical material, and complications from procedures involving vaginal mesh can all give rise to a gynaecology medical negligence claim.
• Errors in testing, including smear tests that were misreported or results that were never passed on.
When Does A Delayed Diagnosis Amount To Negligence?
Delayed diagnoses are the most common cause of gynaecology medical negligence claims, but not every delay is negligent. Symptoms such as pelvic pain and irregular bleeding are common and have many possible explanations, most of them benign, so a clinician who reaches a reasonable working diagnosis is not at fault simply because it later proves wrong.
A claim depends on showing that the care fell below the standard expected of a reasonably competent clinician. That might involve failing to examine you, failing to arrange an investigation that the symptoms clearly called for, disregarding a symptom that should have prompted an urgent referral, or failing to review the position when your symptoms did not settle. It must then be shown that the delay made a difference to your outcome, since a claim will not succeed if the same treatment and prognosis would have followed in any event.
What Part Does Consent Play In These Claims?
Consent is central in this area, because many gynaecological procedures carry risks that affect fertility, sexual function, or continence, and because there is often more than one reasonable option available.
The law requires that you be told about any material risk of the treatment proposed, and about reasonable alternatives, including the option of doing nothing. A risk is material if a reasonable patient in your position would be likely to attach significance to it, or if the clinician is or should reasonably be aware that you personally would. This is a patient centred test, so a risk that might matter little to one person may be highly significant to another, for example where fertility is a priority.
Can You Claim If You Were Not Warned About A Risk?
You may be able to. Where a recognised risk materialises and you were not warned of it, a claim can succeed even though the procedure itself was carried out competently. The question is whether proper information would have changed what happened, most obviously because you would have declined the procedure altogether or chosen a different option. In some circumstances, a claim may also succeed where you would have deferred the procedure, although the position there is more nuanced and depends on the facts.
Recording your recollection of what you were told, and by whom, is helpful, as consent forms are frequently brief and the surrounding discussion may be poorly documented.
Can You Claim For Psychological Harm?
Yes, compensation in gynaecology medical negligence claims is not limited to physical injury. Where negligent treatment has caused a recognised psychiatric condition, that forms part of the claim and is assessed alongside the physical injury.
This matters in gynaecology because the consequences often extend well beyond the physical. Loss of fertility, the effects of an early menopause, ongoing pain, incontinence and the impact on relationships can all cause serious psychological harm, and evidence from an appropriate expert allows that to be reflected in the award.
How Do We Approach Gynaecology Medical Negligence Claims?
We recognise that these cases involve intimate matters that many people find difficult to discuss. Our medical negligence solicitors are well known for being friendly and approachable, and will go over and above to put you at ease. You can ask to speak with a particular solicitor should you wish, and we will explain who will see your medical records and why.
We offer a free initial conversation with no obligation, giving you the information you need before you decide how to proceed. To speak to a member of our medical negligence team, contact us on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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