Many of the medical or clinical negligence claims that arise each year stem from those branches of medicine known as obstetrics and gynaecology.

Obstetrics is the medical speciality which relates to pregnancy and childbirth whilst Gynaecology is that which deals with diseases and disorders of the female reproductive system. There is a considerable overlap between the two areas and many doctors will practice in both.

Common Types of Obstetrics Claims

Women are probably at their most vulnerable whilst pregnant and giving birth and the numbers of clinical errors are regrettable and the effects can be far reaching. Some examples of the things that can go wrong include:

• The management of a woman before pregnancy including advice on infertility and infertility treatment
• Errors in the care during the pregnancy including
• Misreading scans and abnormalities in the baby
• Delay in diagnosis of ectopic pregnancy or other high risk pregnancy including pre eclampsia
• Errors made during labour and delivery such as failing to appreciate the urgent need for a caesarean ,monitoring of the mothers and babies heart rate, the use of forceps and the actual delivery itself and
• Errors made after delivery including an incorrectly stitched episiotomy

Examples of Recent Successful Obstetrics Cases

In a recent case, it was found that the consultant obstetrician had been called to assist by the midwives as they considered that a baby’s condition was deteriorating as a result of problems with the cord as the baby descended through the birth canal. The consultant did not arrive within the expected time frame and the baby suffered brain damage. The court concluded that had the consultant arrived when called there would have been no or only minor brain damage so the NHS trust was found to be responsible.

Common Types of Gynaecological Claims

Gynaecological claims can arise out of:

• Failed sterilisation
• Failure to adequately examine or diagnose or order appropriate tests or scans or acting in good time in cases of cervical, ovarian or genital cancer
• Poor technical performance of a surgical procedure such as insertion of a coil, termination of a pregnancy or a hysterectomy
• Failure to treat infections.

Examples of Recent Successful Gynaecological Cases

In a recent case a surgeon made an incision during the course of a hysterectomy which was found to be too long and caused damage to the nerves. The NHS trust was found to be responsible for the a significant increase in the risk of harm to the woman by the surgeon who had not taken into account the risk of nerve damage when making the incision longer than necessary.

What do I need to show to make a claim for medical negligence arising out of my care or that of my child?

In order to pursue a successful claim for medical negligence arising out of the care given by a obstetric surgeon or gynaecologist, you have to be able to show that the standard of care fell below that which would be considered reasonable by other experts in the field, that your injury was caused and the outcome of the procedure would have been different if properly performed.

How much compensation can I claim?

This will depend on the nature and severity of the injury and whether you have made or are likely to make a full or partial recovery and the long term effects if any on your health or that of your child.

You may be able to claim for other losses such as loss of earnings, medical care costs, costs of adaptation of a home or other aids to assist you or your child in the more severe cases, other out of pocket expenses.

Making an Obstetrics or Gynaecology Compensation Claim

Medical negligence claims arising out of the care given by an obstetric surgeon or gynaecologist can be very lengthy and expensive. You should therefore ensure that you have a specialist solicitor acting on your behalf.

Similar Pages

The Claims Process in 2011

How Much Compensation Will I Recieve