Claims for negligence arising from the fields of obstetrics and gynaecology are amongst the most common medical negligence claims.
The claimant in such cases may be the female patient, a child, or both parents of a child. Negligence may occur during prenatal care, during and after childbirth, or as a consequence of treatment and/or surgery performed by a gynaecologist.
Paediatric negligence claims made on behalf of a child are generally birth-related however may also arise in general medicine.
Medical negligence is a complex area of law and a negligence claim requires the guidance of a specialist lawyer. If you or a family member have suffered loss due to the negligence of a health care provider you may be entitled to seek compensation.
Specific to negligence claims in the fields of obstetrics, gynaecology and paediatrics are:
- failing to order tests or to advise on potential birth defects and abnormalities (in such cases the parent or parents of an unborn child are deprived of the choice to legally abort the pregnancy);
- failing to adequately monitor a pregnancy leading to conditions such as foetal distress or failure to induce delivery leading to neonatal death;
- childbirth complications resulting in harm to the child (brain damage, cerebral palsy from lack of oxygen or death);
- childbirth complications resulting in harm to the mother;
- poor management of pre-eclampsia or post-partum haemorrhage;
- negligent gynaecological treatment / surgery resulting in adverse complications;
- complications following a hysterectomy or unnecessary hysterectomy;
- mismanagement or misdiagnosis of serious gynaecological conditions.
What can be compensated?
Compensation is supposed to put a person back in the same position as he or she would have been, but for the negligence. Of course, this is practically impossible, thus the law provides for financial compensation as a means of assisting the claimant in recovering the loss.
Settlement or an award from Court proceedings for a medical negligence claim may include amounts for any one or more of the following categories of loss:
- pain and suffering;
- loss of past and future earnings;
- past and future medical treatment expenses;
- costs for past and future care provided on a commercial or gratuitous basis.
Nobody should suffer loss due to somebody else’s negligence. Health care providers owe a duty of care to their patients. In circumstances where you have consulted a treatment provider and experienced injury or loss due to the provider’s negligence, it is fair and just that you should receive compensation.
Your claim may be against one or more health care providers including your doctor, treating specialist, midwife, nurse, gynaecologist, paediatrician or the hospital.
Sustaining a loss from negligence in the fields of medical obstetrics and gynaecology is always fuelled with emotion, particularly as many losses occur when parents are eagerly awaiting the birth of their unborn child.
Our lawyers have worked with many clients to seek financial compensation for their loss. Time limits apply and we recommend you arrange for an early consultation with one of our experienced compensation lawyers.
How much will it cost to make a medical negligence claim?
We offer a No Win, No Fee* arrangement for medical negligence claims so you have access to legal representation, no matter your financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful. Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our expert lawyers for a confidential and obligation-free consultation.