Gynaecological Negligence Claims
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Gynaecological and obstetric procedures are vital for women’s health, covering everything from routine care to complex surgeries. However, complications can arise during surgery for procedures like hysterectomies, laparoscopic procedures, or sterilisations, leading to serious physical distress, such as a gynaecological injury, bladder perforation or vaginal tear.
When these complications result from medical negligence, you need to start a gynaecology negligence claim to seek compensation for the injury you’ve suffered as a result of negligence on the part of your healthcare provider. At Michael Kelleher Solicitors, our medical negligence solicitors understand the sensitive nature of these situations and ensure that our clients get as much as possible out of their gynaecology compensation claims. Our solicitors can help determine if you’ve suffered a gynaecological injury due to negligence.
Call 01-6144565 today for expert advice on the next steps.
Cases of Obstetric Negligence
Cases of gynaecology medical negligence include:
Surgical Errors
Surgical errors can happen due to lack of preparation, inexperience, or not following established procedures. These mistakes cause complications like internal bleeding, organ damage, or infections that require further medical treatment.
Misdiagnosis or Delayed Diagnosis
Failure to diagnose or delaying the diagnosis of gynaecological conditions can lead to unnecessary pain and treatment. When a condition is not identified in time, it worsens, resulting in unnecessary procedures or permanent damage to reproductive health.
Inadequate Post-operative Care
After a gynaecological or obstetric procedure, proper care is essential for recovery. Negligence in post-operative care, like not monitoring vital signs or ignoring complications, can result in infections, slow healing, or other issues that affect your well-being.
Lack of Informed Consent
Before any medical procedure, you have the right to be fully informed about the risks, benefits, and alternatives. If a healthcare provider fails to provide this information and obtain your consent, it provides grounds for a strong medical negligence claim.
Anaesthesia Errors
Errors in administering or monitoring anaesthesia can cause serious issues, from allergic reactions to long-term neurological damage. These mistakes can require significant medical attention and have lasting impacts.
Which Injuries Can Be Caused by Poor Gynaecological treatment?
- Birth injury
- Internal bleeding
- Organ damage
- Infection
- Nerve damage
- Chronic pain
- Infertility
- Haemorrhage
- Bowel perforation
- Bladder injury
- Uterine rupture
- Adhesions and scar tissue
- Prolapse
- Sepsis
- Emotional and psychological trauma
- Loss of reproductive organs
Causes of Gynaecological Negligence
- Inadequate training of medical staff
- Poor communication among medical professionals
- Failure to follow standard gynaecological procedures
- Insufficient preoperative assessment
- Incomplete postoperative care
- Rushed surgical procedures
- Overcrowded hospital environments
- Lack of necessary medical equipment
- Misinterpretation of medical tests
- Delayed diagnosis or treatment
- Inaccurate medical records
- Anaesthesia errors
- Fatigue or overwork of medical staff
- Failure to obtain informed consent
- Surgical tools left in the body
How Do I Make a Gynaecological Claim?
Gather Evidence
The first step in making a claim for gynaecological or obstetric injury is to gather all relevant evidence of clinical negligence. Request access to your medical notes and records, which detail the treatment you received and any complications that occurred. Photographs of physical injuries and a personal diary documenting your symptoms and emotional impact can also be valuable. This evidence will help to prove that your personal injury was a result of medical negligence.
Consult with a Specialist Medical Negligence Solicitor
Once you have your evidence, consult with our gynaecology negligence solicitors. We will review your case and advise you on the likelihood of success and the potential compensation you could receive. We will give you comprehensive legal advice concerning the legal process, explaining each step and what you can expect. We will also help you understand the strengths and weaknesses of your case and provide expert advice on how best to proceed.
Notify the doctor or medical staff tasked with providing medical care for you
Your solicitor will help you draft a letter of claim to the healthcare provider responsible for your injury. This letter outlines the details of your claim, including the alleged negligence and its impact on your health. The healthcare provider or their insurer will then have the opportunity to investigate your claim and respond. They may choose to accept liability and negotiate a settlement, or they might dispute the claim.
Negotiate a Settlement
If the healthcare provider acknowledges negligence, your solicitor will negotiate a settlement on your behalf. They will aim to secure fair compensation for your injuries, covering medical expenses, lost income, and pain and suffering. This process may involve back-and-forth discussions, but your solicitor will keep you informed and work towards a resolution that meets your needs. The next steps involved are heavily dependent on whether or not the medical negligence of the doctor or medical staff is acknowledged by them.
Prepare for Court
If a settlement cannot be reached, your claim may proceed to court. Your solicitor will prepare your case, gathering additional evidence and working with independent gynaecology surgery experts to build a strong argument.
What Do You Need to Be Able to Claim Compensation?
- Medical records
- Evidence of negligence
- Documentation of injuries
- Opinions of medical experts that prove that you suffered injury due to negligence
- Proof of financial losses
- Witness statements
- Details of treatment received
- Personal account of the impact
- Photographs of injuries
- Correspondence with healthcare providers
What are the Legal Time Limits for a Gynaecological Injury Claim?
In Ireland, you generally have two years from the date you realised you were injured due to medical negligence to file a claim. This is called the “date of knowledge.” If the victim is a minor, the clock starts ticking from their 18th birthday. Missing this deadline can mean losing your chance to make a claim, so you need to act quickly.
Settlement in Gynaecological Surgery Claims
Under Irish law, settling a medical negligence case means reaching an agreement on compensation with the hospital or their insurance company without going to court. Settlements can happen at any point before or during a trial, offering a faster resolution and less stress than a court case. Your solicitor will handle the negotiations, working to get you a fair deal that covers your losses and helps you move forward with your life.
General Damages
General damages compensate you for things that don’t have a price tag, like the pain, suffering, and emotional distress caused by the medical negligence. These damages are more subjective and depend on how the injury has affected your daily life and well-being.
Special Damages
Special damages cover the concrete financial costs you’ve had to bear because of medical negligence. This includes medical bills, therapy costs, travel expenses for treatment, and any changes you need to make to your home or car. If your injury has kept you from working, these damages also cover lost wages or reduced earning capacity. Keep all receipts and records of your expenses to support this part of your claim, as all these expenses must be established and proven in order for you to be awarded special damages.
Speak with a Gynaecological and Obstetric injury Claims Solicitor
If you’ve suffered injury as a result of gynaecological or obstetric negligence, don’t sit in silence. At Michael Kelleher Solicitors we’re ready to help you fight for what you deserve. Our expert medical negligence solicitors will use their experience in personal injury law to provide you with excellent representation at every step of the way. Contact us today to discuss your case.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie