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Gynaecology Negligence Claims

Suing the NHS or private healthcare providers for gynaecological and obstetric negligence

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What Counts as Gynaecological Negligence?

Gynaecological negligence occurs when care relating to the female reproductive system falls below acceptable medical standards and causes avoidable harm. This can involve diagnosis, treatment, surgery, or ongoing management of gynaecological conditions.

Negligence may arise in routine care, complex surgery, fertility treatment, or emergency situations. In some cases, failures overlap with obstetric care, particularly where pregnancy-related gynaecological treatment, miscarriage management, or post-birth complications are involved. A compensation claim focuses on whether earlier, safer, or more appropriate care could reasonably have prevented the injury.

What Counts as Gynaecological Negligence?

Gynaecology claims often involve one or more of the following issues:

Misdiagnosis or delayed diagnosis, including conditions such as endometriosis, ovarian cysts, fibroids, or gynaecological cancers
Surgical errors, including hysterectomy, laparoscopy, myomectomy, or D&C procedures
Damage to surrounding organs, such as the bladder, bowel, or ureters during surgery
Errors involving contraception, including incorrect insertion or removal of coils (IUDs)
Failure to obtain informed consent, where risks or alternatives were not properly explained
Fertility and reproductive treatment errors, including IVF or hormone treatment issues
Post-procedure complications, including infection, retained instruments, or excessive bleeding

If you’re unsure whether your experience qualifies as negligence, our solicitors can help assess this confidentially.

We will cover the costs unless we win your case.

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Specialist negligence solicitors

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Specialist negligence solicitors

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Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

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Related Claims

Maternity & Pregnancy Negligence

Birth Injury Claims

Negligent Induced Labour

C-section Negligence

Womb Cancer Misdiagnosis

TVT Mesh Implants

Medical Errors

Your Questions Answered

Can I make a claim on behalf of someone else?

Yes – if the person affected is unable to bring the claim themselves, a litigation friend can act on their behalf. This applies if the individual:

Is under 18
Has limited or no mental capacity
Has experienced cognitive decline or disability that prevents legal decision-making

Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.

Can I sue the NHS for gynaecological or obstetric negligence?

Yes. If negligent gynaecology or obstetric care occurred during NHS treatment, you can bring a claim against the relevant NHS trust.

Compensation is paid through NHS Resolution, a national body that handles negligence claims. This means claims do not come out of frontline NHS budgets, and individual doctors or midwives are not personally sued.

The process exists to compensate patients and improve safety. The ability to make a claim is your legal right.

What if my treatment was provided privately?

You can also bring a claim where negligent care occurred in a private hospital, clinic, or fertility centre.

In private cases:

Providers and clinicians are required to carry professional indemnity insurance
Liability may rest with the consultant, the clinic, or both
The legal test for negligence is the same as for NHS treatment

Private status does not change your entitlement to compensation.

How is compensation calculated?

Compensation reflects both the injury itself and its wider impact on your life. It is usually divided into general damages and special damages:

General damages cover pain, suffering, psychological harm, and loss of quality of life, including issues such as infertility or sexual dysfunction.
Special damages address financial losses caused by the negligence, such as lost earnings, private treatment, fertility care, therapy, medication, travel costs, and future care needs.

Every claim is assessed individually, with compensation intended to support both recovery and long-term wellbeing.