Here’s a closer look at the main themes from the conversation, including what negligence means in practice, the areas of women’s health it can affect, and what to do if something doesn’t feel right.
The Short Answer
Negligence in women’s health arises where a healthcare professional’s care falls below the required standard and, as a result, the patient suffers harm, such as an injury or a worsening of their condition. Examples can include a delayed or missed diagnosis, a failure to investigate symptoms, injury during surgery, or failings in fertility and maternity care. An outcome you’re unhappy with isn’t negligence on its own. There’s generally a three-year time limit, running from the date of the injury or the date you became aware of it, so it’s worth getting advice sooner rather than later.
What Does Negligence in Women’s Health Actually Mean?
From a legal perspective, negligence isn’t about whether treatment worked out as hoped. It’s about whether the care provided met the standard that should reasonably be expected, and whether any shortfall caused harm.
“We’re talking about when a healthcare professional provides care that falls below the required standard, and as a result of that, it causes harm to the patient. So that could be an injury or a worsening of a condition.”
Common examples include a delayed diagnosis of a gynaecological condition, a misdiagnosis, or a failure to investigate symptoms. That last one comes up often in the enquiries the team receives.
“Lots of our clients report feeling that they’ve not been listened to.”
The consequences of a delay can be significant. As time passes from the point a patient first presents, the treatment options available may become more limited.
Not Perfect Care, Just Care That Reaches the Benchmark
The standard being measured isn’t perfection. It’s whether the care reached an acceptable benchmark.
“We’re not looking for sort of perfect treatment or perfect care. We’re just looking for treatment that really reaches the benchmark.”
“Just because you’re unhappy with the outcome or it didn’t quite do what they would have liked, that in itself isn’t negligence.”
In practice, there are three things to establish: that there was a standard of care, that the care provided fell below it (and that this can be evidenced), and that as a result there was harm, meaning the injury became more significant or the condition worsened.
For a broader look at the claims process, see our Women’s Health Medical Negligence Claims service page
Gynaecological Negligence: What Falls Under the Umbrella?
Gynaecological issues cover a wide area, and according to the team they’re often the most upsetting and emotional enquiries they receive. Problems can arise in management, treatment or diagnosis, and can include:
- Injury during surgery to one of the reproductive organs
- Failure to investigate symptoms, for example where someone presents to their GP with symptoms of endometriosis that warrant further investigation and it doesn’t happen
- Delay in diagnosing cancer
- Misdiagnosis of cancer
“We’re here to listen to every client and talk about their story, what’s happened, and then look if we can help you pursue a claim.”
The speakers also make the point that if you feel something is wrong in how you’ve been managed, that is often the main indicator that it’s worth taking things further.
Endometriosis: Whn Women Feel Dismissed
Endometriosis is a large part of this picture. It’s a condition where women often feel dismissed or not taken seriously, and with more publicity about it in recent years, many are recognising their own experience in what they hear. The symptoms can affect daily life very significantly.
“There are women suffering with chronic fatigue, heavy periods, heavy bleeding, significant period pain, pain with bladder and bowel movements, so symptoms that are going to impact your life really very significantly.”
The speakers refer to figures published by Endometriosis UK, recalling an average of almost nine years to reach a diagnosis (they remember it as eight years and 10 months), and that around half of patients who reported to the charity had seen their GP more than 10 times about their symptoms. These figures are as recalled in the episode, so please refer to Endometriosis UK for its latest published data.
“Ultimately, with these numbers, we forget that there are people behind those numbers.”
The speakers explain that feeling dismissed can lead to people suffering in silence, and that referrals to a consultant don’t always happen as often as they should. Because the condition can worsen over time, a treatment that might once have had a good prospect of success may become less effective, or may no longer be an option.
There Are Treatment Options
Many people assume there’s nothing that can be done. The speakers stress that isn’t the case.
“I think a lot of people think that there aren’t any treatment options, and that it’s something they just have to live with.”
The key is being diagnosed and managed appropriately. Even where surgery has taken place, the team may look at whether enough was done.
“Was the surgery that was carried out the correct surgery? Did it go far enough? Were there the required follow-ups?”
Their advice is that if you feel your GP isn’t listening, or the symptoms described sound familiar, keep pushing from a medical perspective and ask to see someone, and also get in touch so the team can look at your records and talk things through.
Fertility and Reproductive Health: What Can Go Wrong?
Fertility and reproductive health claims tend to fall into two broad areas: NHS treatment where care is required rather than elective, and situations where someone has chosen to have fertility treatment, often privately. In the second case there can also be a financial impact, alongside the physical and emotional one.
- Surgical mistakes that affect a reproductive organ, where surgery for one issue results in an injury to another part of the reproductive system
- Failure to investigate and manage fertility issues, including failing to make appropriate referrals
- Failure to act on investigation results, because referring someone for tests is only part of the picture, what happens with the results matters too
- Private clinic issues, such as egg retrieval not carried out to the appropriate standard, problems with the storage of embryos, or a mix-up of embryos
Time can be a factor. As people get older, or if a condition is getting worse while investigations are ongoing, delays may reduce the chance of having a baby.
Choosing Private Treatment Doesn’t Rule Out a Claim
Electing to have fertility treatment doesn’t prevent someone from bringing a claim if the treatment wasn’t carried out to the appropriate standard.
“Ultimately, when you approach a clinic or you’re referred to a clinic, they still owe you a duty of care.”
That applies whether it’s a consultant giving you a treatment plan, prescribing medication or carrying out treatment. They’re all held to the same standard, and where a failure to meet it causes harm, such as an injury or a condition being made worse, there may be grounds for a claim.
Maternity and Birth Injuries
Maternity and birth injuries can have far-reaching consequences, some of which last a lifetime. The starting point for the team is a simple principle.
“Every mother and every baby deserves the right to have adequate care. Throughout pregnancy, labor, and birth, and obviously by its very nature, it’s unpredictable.”
Childbirth carries risk by its nature, but there can be red flags and indicators that the risk is increasing. A failure to act on those is where the team would look at whether there may be a claim. Examples discussed include:
- Issues with monitoring, such as failing to monitor appropriately and identify risks
- Failure to escalate, where a midwife considers there’s an issue but it isn’t escalated in a timely manner, or a decision isn’t then made in good time
- Inadequate assessment after a decision is made, of both mother and baby
- Missed follow-up referrals, such as to neonatal intensive care (NICU), where required
The picture runs from start to finish, covering the nine months of pregnancy, delivery and the period afterwards.
Risky by Nature, or Riskier Than It Should Have Been?
The focus isn’t on the normal risks of childbirth, but on situations where the risk was higher than it ought to have been.
“So yes, it’s risky, but it’s where a situation has arisen that’s actually led to it being more risky than it ought to have been or needed to have been really.”
That comes down to how risks are identified and managed: whether a situation needed escalating, who was going to make a decision, and whether, for example, a patient needed to be referred for an emergency caesarean section.
The Lasting Impact
The speakers point out that even an injury to the mother that seems relatively short-lived can change things. Someone who intended to have more children may decide not to as a result of what happened during labour, or someone planning to return to work after a few months may be unable to.
If a Complaint Hasn’t Got Anywhere
Some clients have already raised concerns with the Patient Advice and Liaison Service (PALS) and been told there were no concerns, leaving them feeling they’ve reached the end of the road. The speakers say that isn’t always the case: with legal support and evidence gathering, there can be a different outcome. And if, after looking at things, the team doesn’t think there’s anything to pursue, you’ll at least have peace of mind.
For a broader look at the claims process, see our Birth Injury Claims service page
Negligence or Just an Unfortunate Outcome?
It’s one of the most practical questions: how do you tell the difference? Sometimes, despite reasonable and appropriate care, a result simply isn’t what was hoped for.
“It may be a case where there’s just a poor outcome. So despite it being reasonable and appropriate, it doesn’t quite get to where they would like to, and they may need a repeat of an orthopedic surgery, for example.”
“Negligence is different to that. It’s where a healthcare professional provides care that falls below the standard, and as a result of that, you’ve suffered harm, an injury, or a condition’s been made worse.”
Negligence in women’s health can arise in many settings, including a GP identifying red flags and referring you to the right consultant, the work of radiographers, the interpretation of test results, and treatment options. In a delayed cancer diagnosis, for example, the question is when it should have been spotted, because earlier identification can mean more treatment options.
What Is the Time Limit for a Women’s Health Claim?
“It’s three years from either the date of the injury or the date you became aware.”
In a delayed cancer diagnosis, for example, that would be the date you became aware you had it. The team would then look backwards through your records to work out when action should have been taken, such as a date you presented with symptoms that were a red flag and weren’t referred on.
“The records are the key evidence in these kinds of cases.”
If something has been going on for a number of years, one of the first questions is why you’ve decided to get in touch now. Something has usually happened to prompt the call, and that can be important.
“We have a three-year period in which we need to act. So I think you know, with young children, time goes very quickly.”
The three-year period discussed in the episode is the general rule. Different rules can apply where the person affected is a child or lacks mental capacity, so it’s worth taking advice on your own circumstances. If something is niggling away at you, the speakers encourage getting in touch at the earliest opportunity.
What Happens When You Get in Touch?
Many people worry they need to arrive with everything organised. The speakers are clear that isn’t the case.
“Some clients might feel that they have to come to us with a perfectly presented case, and that’s absolutely not correct. We’re here to do that for you.”
In the initial call, you can speak to a solicitor in the clinical negligence department who’s experienced in these claims. From there, the process looks like this:
- The solicitor listens to your story and picks out the key points where there may have been breaches
- They consider the impact on you: physical, emotional and financial
- They obtain your records, which are the starting point
- They look to obtain independent expert evidence
- They explain the legal jargon and your options, so you can make an informed decision
“We would obtain the records. We would go through them, and we will advise you every step of the way as to where we’re up to, what we’re looking for.”
“We’d look to get independent expert evidence on your behalf, and they would then confirm. So we would approach a GP, for example, to comment on the standard of care given by your GP.”
Peace of Mind Either Way
Coming forward doesn’t have to end in a claim. If the team looks at what happened and doesn’t think there’s a case to pursue, you’ll still know it has been considered from a legal perspective.
“If you approach us and we don’t think there’s anything we can do, if nothing else, you have peace of mind.”
The One Thing to Take Away
The episode closes with a message for anyone who has felt brushed off.
“If you take one thing away from today, let it be this: you deserve to be taken seriously. Pain isn’t normal just because you’re a woman. Persistent problems deserve investigation.”
Frequently Asked Questions
It’s where a healthcare professional provides care that falls below the required standard and, as a result, the patient suffers harm, such as an injury or a worsening condition. Examples include delayed diagnosis, misdiagnosis and failure to investigate symptoms.
No. If treatment was appropriate and carried out to an acceptable standard, being unhappy with the outcome isn’t negligence in itself. It has to be shown that the care fell below the standard and that harm resulted from it.
These can include injury during surgery to a reproductive organ, failure to investigate symptoms such as those of endometriosis, and delayed diagnosis or misdiagnosis of cancer.
Choosing treatment doesn’t rule out a claim. A clinic still owes you a duty of care, and consultants, treatment plans and prescribed medication are held to the same standard. Where a failure to meet that standard causes harm, there may be grounds for a claim.
Generally three years from the date of the injury or the date you became aware of it. Different rules can apply where the person affected is a child or lacks mental capacity, so it’s worth getting advice on your own circumstances.
No. The team obtains your records and goes through them with you, and will look to obtain independent expert evidence on your behalf.
Ready to Take the Next Step?
Speak to our clinical negligence team today. If something doesn’t feel right about the care you received, we’re here to listen.
Conclusion
Women’s health concerns deserve to be investigated and taken seriously. If you’ve been left feeling unheard, or you’re unsure whether the care you received met the standard it should have, getting advice early can help you understand where you stand and what your options may be.