Obstetric and Gynaecological Claims

Who can bring an obstetric/gynaecological claim?
If you have suffered harm, or financial loss, because of negligent treatment received from an obstetrician or gynaecologist, you may be able to make an obstetric/gynaecological claim irrespective of whether the treatment/care was provided under the NHS or on a private basis.

Hay & Kilner have acted for clients whose complaint relates to a range of obstetric and gynaecological claims including:

• Hysterectomy and oophorectomy procedures
• Mesh hernia repairs
• Ectopic pregnancy
• Tearing / fistulas
• Retained products of conception

Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered hundreds of thousands of pounds of compensation on behalf of their clients in respect of obstetric/gynaecological injury claims.

We provide a high-quality service and will take the time to get to know you and understand exactly what you have been through to get you the compensation you deserve. We represent clients throughout the North East and are happy to come out to see you at home if you are unable to attend the office.

• Case report - Claimant awarded £30,000 after substandard treatment from Community Midwife

When to make an obstetric/gynaecological claim?
An Act of Parliament sets out time limits for bringing a clinical negligence/obstetric/gynaecological claim. Failure to issue proceedings within this time scale may mean that the obstetric/gynaecological claim is time barred and cannot proceed.

The Limitation Act provides that the time limit is three years from the date on which harm resulted from the allegedly negligent action; or, if later, the date when you became aware that you received negligent treatment.

In the case of minors that is for the people who are under the age of 18 years, the limitation period does not begin to run until their 18th birthday.

If the injured person is suffering from a mental disability the time limit does not start to run until mental capacity has returned. If mental capacity never returns, then an action for damages can be started at any time in the future even though the primary 3-year limitation period may have expired.

Find out more about when to pursue an obstetric/gynaecological claim with our article Is it too late to bring a clinical negligence claim?

How much does it cost to make an obstetric/gynaecological claim?
There are several ways an obstetric/gynaecological claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. Read more about the different ways to fund your potential obstetric/gynaecological claim with our article No Win No Fee and other options for funding your medical negligence claim.

How long will a obstetric/gynaecological claim take?
Obstetric and gynaecological claims can take anywhere from a few months to a few years to reach a resolution. The likely timescale usually depends on the severity of your injuries and whether your doctor or other healthcare practitioner accepts responsibility for your injuries.

How do I start a obstetric/gynaecological claim?
If you think you may be entitled to compensation for an injury you have suffered, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential obstetric/gynaecological claim free of charge.