Errors in dealing with women’s health issues can have very serious long-term consequences, including for fertility, pregnancy and overall health and wellbeing. If you or a loved one have been affected by negligent gynaecological care, it can be life-changing for you and your family. In such cases, claiming compensation can make a real practical difference.
Where you or a loved one have been harmed by gynaecology negligence, it is completely understandable to feel angry and to want answers about what went wrong, as well as an apology. In many cases, making a legal claim for compensation will be your only option.
With over 30 years of experience representing clients suffering as a result of clinical errors, our specialist medical negligence solicitors in Rhondda Cynon Taff and Bridgend can give you the best chance of getting fair compensation and the answers you deserve.
Why choose Devonalds for your gynaecology negligence claim?
For more than three decades, the people of Rhondda Cynon Taff and Bridgend have relied on our legal expertise to help them through some of the most challenging times in their lives. Most of our team were born and bred in the Rhondda Cynon Taff area, which is why we are so genuinely passionate about getting the best outcomes for our clients.
We realise that it can be confusing and intimidating to think about dealing with these kinds of complex legal matters, and it’s important to us that you feel totally comfortable when making contact with our team. We will treat you and your claim with sensitivity and empathy, making sure we answer your questions without unnecessary legal jargon.
From the start of your claim onwards, you will have the dedicated support of one of our trained legal experts who will always be available by phone and email. That way, you can always get hold of someone who knows you and your case if you have a question or need an update on how things are progressing.
Our priority is to get you the full compensation you deserve as quickly as possible, so we will always aim to secure an early settlement out-of-court settlement wherever we can. However, should court action be needed, we can get you the robust representation and close personal support you need to help you secure the best available outcome for your claim.
Speak to us about starting a gynaecology claim today
For a friendly, informal discussion about whether you or a loved one may be entitled to compensation for a gynaecological injury, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.
How gynaecology negligence compensation claims work
Starting a gynaecology claim
When thinking about making a claim, it’s normal to have a lot of questions, including whether you have grounds for a claim, how much compensation you may be entitled to and how long a claim is likely to take.
We can offer you a free initial consultation to answer these questions and any other concerns you might have. This will be your chance to find out everything you need to know to make an informed decision about moving forward with your claim.
Please rest assured that we will deal with you in complete confidence and you will be under no pressure to pursue a claim with us following your initial consultation.
No win, no fee gynaecology claims
We represent most of our clients using conditional fee agreements, which you may have heard referred to as ‘no win, no fee’ deals. This means you do not need to pay us anything upfront for our services and our fees will only apply if we secure compensation for you.
Funding your claim with a no win, no fee deal means you do not need to worry about how to fund your claim and that there will be no financial risk to you in pursuing compensation. Should your claim succeed, some or all of your legal costs may be met by the other side, meaning there could be no cost to you at all for pursuing a claim.
Proving a gynaecological injury was due to medical negligence
Proving that the care you or your loved one received was negligent is at the core of any successful gynaecology compensation claim. A high standard of proof is needed, so it is important that your claim is supported with the right types of evidence.
We will use various types of evidence to build your claim, including:
- Medical records
- Examinations by independent medical experts
- Witness testimony
Using our years of experience in successfully pursing claims, we know what is required for a strong claim, so can make sure all of the right evidence is gathered and presented effectively. This allows us to make sure your claim is as strong as possible, boosting your chances of an early resolution with an out of court settlement, or success in court proceedings where required.
Valuing your claim for gynaecology negligence compensation
It is obviously important to know how much compensation you may be entitled to when considering making a claim. You may hear the process of calculating your claim’s valued referred to as ‘assessing quantum’ or ‘assessing quantum of damages’. What this means is looking at all the ways, both financially and otherwise, that the negligence you or your loved one experienced has affected you and putting a financial value on this.
Compensation for gynaecology negligence can cover issues such as:
- The cost of medical treatment, specialist care & equipment
- Lost income if you need to take time off or give up work
- Pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. not being able to carry out activities you/your loved one would otherwise have enjoyed
- Providing for your/your loved one’s future financial independence
Time limits for gynaecology negligence claims
The standard time limit for any type of medical negligence claim is 3 years, but other time limits may apply depending on the circumstances.
Understanding how these time limits apply to your situation and any potential exceptions that may give you longer to claim can be complicated. It is therefore strongly recommended to consult a specialist medical negligence lawyer as soon as possible to make sure you don’t miss your chance to make a claim.
Standard time limits for bringing a medical negligence claim are as follows:
If you are claiming for yourself – 3 years: Normally counted from the date when you became aware you had been a victim of medical negligence (called the ‘date of knowledge’).
If the claimant was under 18 when the negligence occurred – up until the claimant turns 21: The claimant’s parents or guardians will have until the claimant turns 18 to pursue a claim on their behalf. The claimant will then have a further 3 years to bring a claim themselves if they wish to do so, making the final deadline the claimant’s 21st birthday.
If you are claiming for someone who died – 3 years from the date of death: For claims brought on behalf of the deceased’s estate or their dependants.
If the claimant lacks the mental capacity to pursue their own claim – no time limit: Unless the claimant later regains mental capacity, in which case the 3 year time limit will normally apply from the date when they regained mental capacity.
If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.
Reaching a settlement out of court
Most people prefer to avoid going to court to claim compensation, which is something we fully understand. This is why we place a strong emphasis on using negotiation and Alternative Dispute Resolution (ADR) to secure out-of-court settlements wherever possible.
This has the advantage of being less stressful for you, while also typically resulting in you receiving compensation faster and with lower legal fees.
Taking your claim to court
In the event that your claim does need to be dealt with by a court, we will work with you to make sure you have the best possible representation, as well as the personal support you need for every stage of proceedings.
We will make sure your case is prepared effectively and that you know exactly what to expect at each stage and the potential outcomes.
Managing gynaecology negligence compensation
Receiving substantial compensation can cause you to be considered ineligible for means-tested benefits. It may therefore be necessary to place your compensation into a personal injury trust, which ‘ring fences’ the funds, so you can use them without them being counted as part of your assets for means-testing.
Common questions about gynaecology claims
Can you sue a hospital for mistakes in gynaecology care?
This will depend on whether you can show that the care provided fell below acceptable clinical standards resulting in a worse outcome for your/your loved one’s health.
For a successful claim, we will need to prove that there were errors made in your/your loved one’s care that no competent medical professionals would have made under the same circumstances and that a better outcome could have been achieved with proper care.
How long does it take to get compensation for gynaecology errors?
This is one of the first things people usually ask, but unfortunately there is no straightforward answer. It is important to be realistic about the fact that it may take several years to resolve your claim, depending on the circumstances.
In general, if an out-of-court settlement can be agreed, it is usually possible to secure compensation much faster than if court proceedings are required. Where you need immediate access to funds to pay for your treatment, it may be possible to secure interim payments while your claim is ongoing.
How do interim payments work?
Where the healthcare provider responsible for your injuries admits their liability, we may be able to secure interim payments to cover your immediate costs. This may apply where the issue of exactly how much compensation you are entitled to has not yet been resolved.
The principle behind interim payments is that you should have immediate access to the treatment and care you need without having to wait for a compensation claim to be resolved. That way, your recovery will not be compromised by a lack of funds.
Will my claim go to court?
While a voluntary settlement is often possible for medical negligence claims, it may sometimes be necessary to initiate court proceedings if the other side refuses to accept liability or is unwilling to offer a suitable level of compensation.
Our litigation team are highly skilled in dealing with court-based claims, so can ensure you have the very best representation for your case as well as the close personal support needed to deal with what can be a stressful process.
Can you claim compensation for fatal gynaecology errors?
Where a loved one has died due to negligent gynaecological care, the impact will obviously be emotionally devastating, but you may also find yourself facing serious practical and financial difficulties as well. While no amount of money can ever make up for what you have suffered, claiming compensation can make a real difference at this difficult time.
If it can be proved that the death was due to medical negligence, you may be able to claim compensation on behalf of the deceased’s estate and dependants. This can be used to cover costs such as funeral expenses, as well as other financial and non-financial consequences, such as the loss of your loved one’s income and personal support they provided.
You will normally need to claim for fatal gynaecology negligence within 3 years of your loved one’s date of death. For a successful claim, you will need to be able to show that your loved one’s death could have been avoided with proper medical care and the impact their death has had on you and any of the deceased’s other dependants.
Compensation for a death due to gynaecological negligence can cover costs such as:
- Funeral costs
- Lost earnings
- Household costs
- Medical costs
- Childcare costs
- Loss of benefits (e.g. pension rights)
- Loss of services (e.g. personal care support)
Start a gynaecology negligence compensation claim
For a friendly, informal discussion about whether you or a loved one might be entitled to compensation for negligent gynaecological errors, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.