OBSTETRICS AND GYNAECOLOGY - CLINICAL NEGLIGENCE CLAIMS

The doctors and consultants who work in the specialist area of obstetrics and gynaecology deal exclusively with female issues including diagnosis and treatment of the female reproductive system (gynaecology) and the care of women during pregnancy, childbirth and the recuperative period following delivery (obstetrics). If treatment or care in any of these areas or related areas have affected you negatively and you have reason to believe this was due to clinical negligence then you may have grounds for making a claim for compensation.

Obstetrics and gynaecology gives rise to more than half of all medical negligence claims in number and represents a substantially higher percentage in value due to the fact that included in this category are birth injuries to children including cerebral palsy, Erbs palsy and shoulder dystocia all caused as a result of a traumatic birth.

Medical negligence claims can arise as a result of :-

failure of contraception, female sterilisation or vasectomy

thrombosis due to improper prescription of oral contraceptives

side effects of oral contraceptives and contraceptives administered by injection

perforation of the uterus due to negligent insertion of inter-uterine contraceptive devices and during abortion procedures

failed abortion and subsequent wrongful birth

loss of fertility due to infection or hysterectomy due to infection

laparoscopy negligence including perforation, haemorrhage and damage to the abdominal wall, the ureters and the bladder

delayed diagnosis of genital cancer and delayed diagnosis of ectopic pregnancy

Compensation in cases involving obstetrics and gynaecology can be claimed for both emotional and physical pain and suffering in addition to any expenses and losses. In cases of wrongful birth incidental losses and expenses that relate directly to the child’s upbringing can also be claimed. If the child has any disability additional sums awarded will compensate for the extra expense involved.

The concept of negligence within the medical sphere has developed separately from mainstream negligence. To make a successful claim it is necessary to show that a healthcare professional was less competent than other similar professionals working in the same field. The fact that treatment did not work does not necessarily mean that there was negligence. In addition if a doctor has two possible treatment regimes and chooses the wrong one, it is also not necessarily negligent treatment, provided that a substantial body of the medical profession supports the alternative treatment which must stand up to logical analysis.

Once negligence has been established it is necessary to show that the negligent treatment either directly caused injury or delayed or prevented a cure. This is a difficult concept to prove in most cases and depends on the submission of expert evidence from medical consultants.

If you have suffered personal injury and you fear you may have been the victim of incompetence or negligence then there is no time for delay. In order to know what options you have you should seek expert legal advice as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our friendly experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.

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