Obstetrics and Gynaecology Compensation Claims UK

Obstetrics and gynaecology compensation claims consistently outnumber those in any other medical specialty. Obstetric compensation claims are about double the number of gynaecology compensation claims. The majority of obstetric compensation claims are brought on behalf of a baby but a small number arise because of injury (and occasionally death) to the mother before, during or after chilbirth.

The most common gynaecological compensation claims relate to failed sterilisation and most of the others deal with complications of laparoscopy and general surgery.

Obstetric claims include –

  • Damage to baby because of inadequately managed labour or delivery
  • Damage to baby because of failure to recognise a high risk pregnancy
  • Incorrectly sutured episiotomy
  • Failure to recognise extent of vaginal tear
  • Inadequate management of pre-eclampsia
  • Failure to diagnose ectopic pregnancy
  • Failure to detect abnormalities in foetus
  • Anaesthetic Awareness

Gynaecology claims include –

  • Failed sterilisation
  • Incontinence following surgery
  • Perforation of uterus during insertion of contraceptive coil
  • Injuries during termination of pregnancy
  • Damage during laparoscopic investigations or surgery
  • Injury to bladder, bowel or ureters during hysterectomy
  • Unnecessary operations
  • Defective consent to medical procedures
  • Infection resulting in loss of child bearing potential

If you have been harmed as a result of poor judgment by a healthcare professional, you may be able to claim compensation for medical negligence.

A medical negligence compensation is usually carried out using the no win no fee scheme (conditional fee agreement). Most lawyers offer a free initial advice either personally or on the telephone to find out whether you have a good case and how much your compensation might be worth. If after talking to a medical negligence solicitor you decide not to take matters further you are not usually under any obligation to do so and you will not normally be charged for the initial advice session.

Compensation Awards

Medical negligence compensation that can be claimed following successful legal action may include some or all of the following items:-

General Damages Claims

General Damages represents that part of the settlement for the pain and suffering of the personal injury, loss of physical ability in the long term or ongoing pain and discomfort for whatever period is appropriate. Interest can also be claimed on certain elements of this part of the claim. This figure is often difficult to calculate accurately or mathematically and includes an element of ‘opinion’ from the judge when he assesses damages based on previous awards together with representations made to him by the interested parties.

Special Damages Claims

Special Damages represents the actual past loss and estimated future loss caused as a result of the personal injury. Interest can also be claimed on certain elements of this part of the claim. These items can usually be calculated with a high degree of accuracy often from available documentation or from projections based on known information. The sums awarded may include:

  • Loss of income
  • Care costs
  • Help and assistance
  • Medical expenses
  • Loss of the enjoyment of life
  • Prescriptions
  • Reduced employment prospects
  • Legal expenses
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