Gynaecology negligence
When it comes to gynaecological health, we expect the best care to be provided by the NHS via the medical staff who look after us.
Sadly there are times when the care we deserve falls short which may constitute negligent gynaecological treatment. Please know that you are not alone in this experience.
From routine gynaecological exams to complex procedures, gynaecology provides essential care. However, when things don't go as planned during treatment or testing, it can lead to significant emotional distress and life-long health complications.
If you feel that something went wrong during your care you might have the option to pursue a compensation claim. Our team is experienced in dealing with cases like this and will offer you the best advice. We appreciate this can be a sensitive subject area to speak about, but if something goes wrong, we are here to help support you.
What types of gynaecology negligence are there?
Some of the more common cases we see can include:
- Errors in cervical screening results
- Ectopic pregnancies
- Issues with HRT.
Error in cervical screening results
Cervical screening, also known as a smear test, is a standard test carried out on women aged 25 to 64. It plays an essential role in monitoring the health of the cervix and significantly helps prevent cervical cancer. During the screening, a small sample of cells from the cervix is taken to test for any changes in cells or viruses.
If you find out that your results have been reported incorrectly and led to an adverse outcome, you may be entitled to pursue a claim. This could include changes in cells going unreported for longer than they should have leading to a missed diagnosis or potentially a worse prognosis.
Ectopic pregnancies
Ectopic pregnancy is a serious medical condition. It cannot continue without causing serious complications for the mother. If left untreated, it can lead to life-threatening blood loss for the mother and potentially impact future fertility. It’s heartbreaking to acknowledge that medical professionals sometimes make errors in diagnosing or treating pregnancy.
Some potential errors doctors or nurses might make include:
- Delay in diagnosis: resulting in appropriate medication not being prescribed or surgery not being carried out quickly enough, leading to further harm to the mother
- No diagnosis or treatment: In the worst possible case, a failure to diagnose an ectopic pregnancy and/or failing to provide the necessary treatment may result in the loss of the mother.
HRT misdiagnosis
GPs can prescribe hormone replacement therapy, known as HRT to help deal with menopause symptoms such as headaches and mood swings.
However, one of the issues we see is when a GP has prescribed the wrong HRT to patients which may result in harm. For people with a uterus (womb), the GP should prescribe HRT which includes a balance of both oestrogen and progesterone hormones. If you have had a hysterectomy, then you could be prescribed oestrogen-only HRT.
This is something that people of all ages should be aware of. This shouldn’t just wait until you are going through menopause.
Making a claim
It can be daunting to think about making a claim but we are here to help you through the process and make sure you get the best legal advice for your situation. You’re not alone.
To successfully pursue a negligence claim, you must be able to show that the treatment fell below the accepted standard of care, as judged by other professionals in the field. This requires opinions from independent medical experts.
Complaints process
The first thing you should do is make a complaint to the health board responsible for the negligence. Ideally this should be done before you submit an enquiry to Digby Brown.
If the procedure was performed within the NHS you can make a complaint to the relevant NHS board. Each board has a team to handle complaints even though the process is the same for all NHS boards. The NHS is obliged to acknowledge receipt of your complaint and to investigate it promptly.
You also need to make a complaint if your procedure was done at a private hospital. You should be able to find out where to make a complaint by visiting the hospital website.
Once your complaint has been submitted, we would recommend then making a clinical negligence enquiry. Give us as much detail as you can to help us get a fuller understanding of your situation. We can then offer you advice on what next steps you can take.
How long do I have to make a complaint?
Be sure to check what time limit you have to make a complaint. For NHS services you should make your complaint within 6 months of the date where you found out about the negligent care and no later than 12 months after. After this time the board may not investigate your complaint so it is important to make your complaint as soon as you can. If you went through private healthcare, you must check what time limit you have to complain with the relevant hospital.
Why choose Digby Brown for your clinical negligence case?
If you have been affected by medical negligence the most important thing you can do is get specialist legal advice. By seeking out specialists, you will be able to discuss in detail what steps you need to be taking and if you can make a claim.
We are here to help. Our clinical negligence team at Digby Brown have helped many people over the years and offer free initial legal advice.
If we can take on your case, we will be able to guide you through all the steps and answer any questions you have. We want to make sure that this experience is as smooth as we can make it for you.
If you would like to talk to someone about your experience, in the first instance please complete our clinical negligence enquiry form. Please give as much detail as you can as this will help us fully understand your circumstances and best advise on the next steps to be taken.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Why choose Digby Brown for your clinical negligence case?
Our clinical negligence department is led by Ruth Kelliher, Partner in the clinical negligence department and joined by fellow Partner, Trish McFadden. Both solicitors are recognised as clinical negligence specialists by the Law Society of Scotland as well as Chambers Legal Guide.
The team is a member of Action Against Medical Claims (AvMA) and many of the solicitors working within the team hold accreditation by the Law Society of Scotland. We provide knowledgeable support in medical negligence claims and are committed to helping you.
Frequently asked questions
How long do I have to make a claim?
Generally you have three years from the date you become aware, or could reasonably have become aware of negligence, to either settle your claim or raise a court action. You must seek legal advice as soon as possible to avoid any time limits on your case.
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