Women in Ireland are living longer than ever before. Over the last 20 years, women's life expectancy has significantly improved, with Irish women now living almost four years longer than Irish men.
Generally, women tend to be more proactive about their health, visiting their GP more often and taking better care of themselves overall. However, this longer life expectancy doesn't always mean better health outcomes. In fact, many women continue to face significant challenges within the healthcare system, particularly when it comes to gynaecological care.
Despite their vigilance, women often report difficulties when accessing healthcare services, including misdiagnoses, delayed treatments, and even discrimination from doctors. Gynaecological negligence can have a serious impact on a woman's health, leading to prolonged pain, unnecessary suffering, and, in some cases, permanent damage.
At Michael Boylan Litigation, we believe that women who have suffered from gynaecological negligence deserve justice and compensation. If you or a loved one has experienced this kind of negligence, we are here to help. Contact us today to discuss your case and take the first step toward getting the support and compensation you deserve.
Examples of Gynaecological Injuries That Can Result in a Negligence Claim
- Delayed diagnosis of cervical cancer
- Surgical damage to the uterus during a hysterectomy
- Perforation of the bowel during pelvic surgery
- Unintended pregnancy due to failed sterilisation
- Misdiagnosis of ovarian cysts leading to unnecessary surgery
- Retained surgical instruments after gynaecological procedures
- Nerve damage during surgery leading to chronic pelvic pain
- Failure to diagnose and treat severe endometriosis
- Injuries to the mother or baby during childbirth due to improper use of forceps
- Delayed diagnosis of ectopic pregnancy leading to rupture and internal bleeding
Causes of Gynaecological Injuries
Gynaecological injuries can arise from several types of negligence by healthcare providers:
- Delayed or Missed Diagnosis: Failing to diagnose conditions such as cancer, endometriosis, or infections in a timely manner can result in worsening health or even death.
- Surgical Errors: Inaccurate surgical procedures, lack of skill, or poor aftercare can lead to internal bleeding, infections, or damage to reproductive organs.
- Medication Errors: Prescribing incorrect medication or doses can cause harmful side effects, worsen conditions, or trigger dangerous complications.
- Failure to Monitor Patients: Inadequate monitoring during pregnancy or after surgical procedures can lead to missed warning signs and preventable complications.
- Inadequate Patient Consent: Performing procedures without fully informing patients of the risks and alternatives can result in traumatic experiences and unexpected outcomes.
Health Impacts of Gynaecological Injuries
- Chronic Pain: Long-lasting or recurring pain, particularly in the pelvic region, due to surgical errors, improper treatment, or delayed diagnoses.
- Infertility: Damage to reproductive organs can lead to an inability to conceive or carry a pregnancy to term.
- Increased Risk of Infection: Improper surgical techniques or inadequate post-operative care can result in infections, which may require further treatment or cause lasting damage.
- Permanent Damage to Reproductive Organs: Injuries caused by surgical mistakes or delayed treatment can lead to irreversible harm to the uterus, ovaries, or fallopian tubes.
- Development or Worsening of Life-Threatening Conditions: Delayed diagnosis of cancers or other serious conditions can allow diseases to progress to more advanced and life-threatening stages.
- Emotional and Psychological Impact: Feelings of stress, anxiety, depression, and trauma, especially when injuries affect fertility or long-term health.
- Loss of Trust in Healthcare Providers: Experiencing negligence can lead to a reluctance to seek medical care in the future, potentially delaying treatment for other health issues.
- Reduced Quality of Life: Chronic pain, emotional distress, and physical limitations can significantly affect day-to-day life and overall well-being.
The Gynaecological Injury Claim Process
The process starts with a confidential consultation where we listen to your experience and gather the necessary details about what happened. From there, our team of experts will thoroughly investigate the case, gather medical records, consult with specialists, and determine if the standard of care was breached.
Once we’ve built a strong foundation, we’ll move forward with filing your claim and handling all negotiations with the healthcare provider or their legal team. If the case cannot be settled fairly, we’ll be ready to represent you in court, ensuring that your voice is heard and that justice is pursued.
Statute of Limitations
Under the Statute of Limitations Act 1957, you have a two-year time limit from the date of the injury,or the date you became aware of it,to file a claim. This is known as the statute of limitations. Missing this window could prevent you from pursuing compensation.
How Much Compensation Can You Expect?
If you have experienced gynaecological negligence, the amount of compensation you can expect depends on the specifics of your case. The Personal Injuries Guidelines provide compensation ranges for various outcomes related to gynaecological negligence.
For example, infertility resulting from injury or disease can attract awards of €150,000 to €250,000 if the claimant has no children, or €50,000 to €150,000 if they have children. A delay in diagnosing ectopic pregnancy, where fertility is not affected, could result in awards between €5,000 and €27,000.
Several factors will influence the final amount of compensation awarded, including:
- Age of the claimant
- Whether the woman already has children or intended to have more
- The presence or absence of scarring
- Interference with sexual function and its impact on personal relationships
- The injury’s effect on menopause or hormonal function
- Whether the injury can be corrected by surgery
- The extent of psychological distress, such as anxiety or depression
- Whether a foetus was aborted as a result of the negligence
Each of these factors plays a role in determining how much compensation is fair for the pain and suffering endured. We’ll work closely with you to ensure that all relevant aspects of your experience are considered.
Start Your Gynaecological Negligence Claim
If you or a loved one has suffered due to gynaecological negligence, now is the time to take action. Our solicitors at Michael Boylan Litigation believe every woman deserves compassionate care and accountability. Contact us today to begin your claim.
