Gynaecology Negligence Claims

Like all other medical professionals, gynaecologists have a duty to provide patients with a reasonable standard of care and keep them safe from avoidable harm. They must possess reasonable skills and knowledge and follow the guidelines set by official bodies such as the National Institute for Health and Care Excellence (NICE).

When gynaecologists make errors in diagnosing or treating patients, the consequences can be devastating. These could include the misdiagnosis of cancer, failed sterilisation, bladder and bowel injuries and childbirth injuries. If you or a loved one suffered from substandard care from a gynaecologist, a personal injury solicitor could help you make a gynaecology negligence claim.

To find out if you have a valid case, call 0800 470 0474 today or enter your details to request a call back. You will receive a free consultation with a friendly legal adviser who will answer all your questions about the claims process.

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Table of Contents

• What is gynaecological negligence?
• Am I eligible to make a gynaecology negligence claim?
• Common types of gynaecological negligence claims
• Possible outcomes and long-term consequences of gynaecology medical negligence
• Evidence needed to support a medical negligence claim
• Can I make a gynaecology claim against the NHS?
• Can I make a claim for gynaecology negligence on behalf of a loved one?
• Time limits to start a claim for gynaecology compensation
• How much compensation could I receive for my injuries?
• How long will my medical negligence claim take?
• Can I make a gynaecology negligence claim on a No Win No Fee basis?

What is gynaecological negligence?

Gynaecological negligence refers to instances where a medical professional, such as a gynaecologist or obstetrician, fails to provide the standard of care expected in diagnosing, treating or managing a patient’s condition.

This type of negligence can occur in various settings and can have long-term effects on your health, fertility, mental well-being and family. It can also cause a range of birth injuries that can permanently impact your child.

If you suffered due to medical negligence, making a gynaecology claim can help you get the compensation you deserve for your injuries. The following guide provides information about the most common types of gynaecological medical negligence, as well as when and how you may be able to make a claim.

Am I eligible to make a gynaecology negligence claim?

The easiest way to find out if you may be entitled to compensation is by talking to an experienced gynaecology negligence solicitor today. They will take on your claim if they can prove the following elements:

• Duty of care. The healthcare provider owed a legal duty to take care of you and not cause you harm. For this, they must adhere to established medical standards and protocols.
• Breach of duty. Your doctor breached their duty of care towards you by failing to meet the standard of care expected in their field.
• Causation. The substandard care directly caused you harm or injury. For example, delayed diagnosis of cervical cancer may lead to the disease progressing to an advanced stage, more severe treatment and a poorer outcome.
• Damages. You must also be able to prove that you suffered quantifiable damages because of the injury, such as medical expenses, pain and suffering, and loss of earnings.

If all these are valid in your case, an experienced solicitor will take on your gynaecological negligence case and help you get compensation for your injury and related losses.

Common types of gynaecological negligence claims

Claims for gynaecology negligence are among the most common types of medical negligence claims and can arise from various situations. These include but are not limited to:

• Misdiagnosis of endometriosis and other conditions such as ovarian cysts, uterine fibroids and menstrual disorders;
• Delayed diagnosis of an ectopic pregnancy, ovarian or cervical cancer;
• Failed sterilisation or abortion, resulting in unwanted pregnancy;
• Failure to follow up on abnormal cervical smear results or other diagnostic tests;
• Surgical mistakes during hysterectomy, myomectomy, salpingectomy or oophorectomy;
• Unnecessary surgical treatment;
• Failure to assess your medical history or obtain informed consent before a procedure;
• Errors related to anaesthesia, oral contraceptives or other medication;
• Leaving surgical instruments or other objects inside the patient’s body;
• Failure to provide appropriate follow-up care and monitoring after a surgical procedure;
• Failing to monitor the mother and baby during pregnancy and labour adequately;
• Failure to carry out fertility treatments effectively;
• Mismanagement of pelvic infections and other conditions;
• Complications from transvaginal tapes, vaginal meshes and other procedures.

Possible outcomes and long-term consequences of gynaecology medical negligence

When medical professionals fail to provide adequate care and treatment, this can lead to various complications that can have a long-term impact on your life, including:

• Infections, which may result in pelvic inflammatory disease, chronic pain and infertility;
• Damage to organs such as the bladder, bowel or urethra can be due to negligent hysterectomy and result in impaired function and incontinence;
• Damage to nerves, which can lead to chronic pain, numbness or loss of function in the affected area;
• Excessive scarring due to improper surgical techniques, which can cause mobility issues and complications with future pregnancies or surgeries;
• Formation of fistulas due to surgical errors, which can cause significant physical and psychological distress;
• Perineal tears during childbirth, which can lead to chronic pain, incontinence and sexual dysfunction;
• Uterus injuries can lead to Asherman’s syndrome, infertility and menstrual irregularities;
• Thrombosis due to improper prescription of oral contraceptives, which can lead to kidney damage, heart attack and other severe consequences;
• Wrongful birth due to failed abortion or sterilisation, which can have a profound emotional impact on the mother;
• Haemorrhage and damage to the abdominal wall, bladder or uterus;
• Hormonal imbalances, which can lead to symptoms such as hot flashes, osteoporosis and cardiovascular issues;
• The need for more invasive cancer treatment, with more severe side effects and a lower chance of survival, resulting in reduced life expectancy.

These and other injuries can result from substandard care and may be grounds for a gynaecological negligence claim.

Evidence needed to support a medical negligence claim

Supporting a claim for gynaecological negligence requires comprehensive evidence to establish that your healthcare provider has breached their duty of care towards you, resulting in harm. You must also be able to show what injuries you suffered and how they have affected your life. To do this, you could use the following types of evidence:

• Detailed records of your medical history, diagnostic tests and the treatments and procedures you received;
• Medical records of the type and severity of the injury you sustained due to the negligence;
• Expert testimony from specialists who can assess whether the care provided met the standard of care and how the breach caused harm;
• Photographs of the visible effects of the harm you suffered, such as scars or infections, and your recovery process;
• Statements from friends or family who were present during the treatment and saw how you suffered due to negligence;
• Your detailed account of the symptoms you experienced and the impact of the injuries you suffered on your health and daily life;
• You also need evidence of financial losses and expenses you incurred due to the negligence, such as medical bills, payslips to prove lost wages and receipts for prescriptions and travel to and from the hospital.

These and other types of evidence will help your solicitor put together a strong gynaecology negligence claim and secure compensation for your injuries.

Can I make a gynaecology claim against the NHS?

If you suffered due to substandard medical care at an NHS hospital, you are entitled to make a medical negligence claim. Your case will be handled by NHS Resolution, which is an arm’s length body of the Department of Health and Social Care that settles all claims against the NHS. NHS Resolution is funded by individual NHS Trusts, which pay an annual premium to cover personal injuries to patients.

If you make a successful claim, your compensation will not be taken from the funds reserved for patient care, facilities and staff. Furthermore, you may help improve the healthcare system so that similar types of gynaecological medical negligence will be avoided in the future.

If you were injured while receiving care at a private clinic, you can also claim compensation for any resulting injuries. According to the General Medical Council (GMC), all private healthcare providers must hold valid insurance against claims for negligence. If you make a successful claim, your doctor’s insurer will pay your compensation, so they will not be left out of pocket.

Can I make a claim for gynaecology negligence on behalf of a loved one?

If someone you love has suffered due to gynaecology medical negligence, you may be eligible to make a claim on their behalf. If they are under 18 or cannot handle legal proceedings due to the severity of the injury they suffered, you could represent them as their litigation friend. You could also claim for them if they suffer from a pre-existing condition, such as autism or dementia.

An experienced solicitor can help you fill in and file all the documents you need to be appointed as their litigation friend. Once approved, you will have a number of responsibilities, such as making decisions about the case and any compensation offers from the defendant. If you win the claim, your solicitor can help you set up a personal injury trust to manage the awarded compensation on behalf of your loved one.

Time limits to start a claim for gynaecology compensation

According to the Limitation Act 1980, the usual time limit to make a gynaecology negligence claim is three years, which will begin from either:

• The date of your injury;
• The date you became aware of the negligence (date of knowledge).

After three years, your case will be statute-barred, and the court will no longer accept it. We always advise claimants to start legal proceedings as soon as possible, as this will ensure better access to evidence and help your solicitor build a comprehensive case on your behalf.

The Limitations Act does provide some exceptions to the standard three-year limit. For example:

• The three-year time limit only begins on a person’s 18th birthday. Before that, a parent or legal guardian could make a child injury claim on their behalf at any time.
• If the injured party lacks the physical or psychological ability to start a claim, the time limit is suspended. In this case, a litigation friend could claim for them at any time.
• If you lost a loved one due to clinical negligence, you have three years to claim compensation following their death.

How much compensation could I receive for my injuries?

The amount of compensation you deserve for negligent gynaecological treatment will depend on the type and severity of the harm you suffered. Each medical negligence compensation claim consists of two types of damages:

• General damages are awarded for the subjective impacts of the injury on your life, including physical and mental pain, loss of amenities, reduced quality of life and loss of companionship.
• Special damages are awarded for financial losses and expenses incurred due to medical negligence, such as private treatments, loss of earnings during recovery, travel expenses to medical appointments, and care costs.

According to the guidelines published by the Judicial College and our compensation calculator, you could receive:

• Around £9,570 for an unwanted pregnancy without a severe psychological impact
• £16,860 to £34,480 for infertility if you already have children
• £107,810 to £158,970 for infertility that has a severe psychological impact
• £18,660 to £24,950 for a moderate bladder injury with full recovery
• £35,540 to £55,590 for a severe bowel injury with impaired function

How long will my medical negligence claim take?

A gynaecological negligence claim can take anywhere from several months to several years, depending on your circumstances. A number of factors will affect its duration, including:

• The type and severity of your injury
• The availability and strength of evidence
• The long-term effects of your injuries
• Whether the defendant admits the allegations of negligence
• The estimated value of the gynaecology claim
• How long it takes to negotiate your compensation award
• Whether your case goes to trial

Your injury lawyer will work hard to build a comprehensive case and secure the maximum compensation for you in the shortest possible time. You can help by documenting your case in detail and maintaining good communication with them throughout the process.

If you have pressing financial needs, they may be able to secure interim payments on your behalf. To qualify, the defendant must have admitted liability, or you must have very strong evidence of medical negligence, making a successful claim almost guaranteed.

Can I make a gynaecology negligence claim on a No Win No Fee basis?

If you have a valid claim, a medical negligence solicitor will help you get the compensation you deserve on a no win no fee basis. They will not ask for any upfront payments and will only receive a success fee if they win your case. This allows you to start a claim regardless of your financial situation and without taking any risks.

If you win your claim, the success fee will be deducted from your compensation award. This is capped at 25% of your settlement. If you lose, you do not have to pay anything at all.

Your solicitor will ensure you also have After the Event (ATE) insurance to protect you from the costs of litigation. If you lose the claim, the ATE will cover all your expenses, and you will not be left out of pocket. These include court fees, medical reports, expert witnesses and the defendant’s solicitor costs.

To learn more about making a gynaecology negligence claim on a no win no fee basis, call 0800 470 0474 today or enter your details into our online form to request a call back.

Last edited on 16th Oct 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.