Compensation Claim for Gynaecologist Negligence

Can you tell me if it is possible to make a compensation claim for gynaecologist negligence for a perforated uterus from having a contraceptive coil fitted? I have now had a laparoscopy to have the device removed.

A visit to a gynaecologist for a routine medical procedure such as the fitting of a contraceptive coil should never result in a patient being injured, but if the procedure is not performed correctly and a serious injury is sustained, a compensation claim for gynaecologist negligence may be possible.

Based on the information you have provided it would appear that you could be entitled to claim compensation, although without further information on the circumstances of your case and the severity of the injuries you have sustained it is not possible to tell you if a claim for negligence of a gynaecologist can actually be made, and if it will be worth your while doing so.

Although you have suffered an injury due to an apparent negligent fitting of a contraceptive coil, it is important that your case is investigated by a personal solicitor to confirm whether there was negligence. It is possible that your gynaecologist perforated your uterus when the inter-uterine device was fitted, in which case a claim is likely to be possible. However, in rare cases, a contraceptive coil can break free and perforate the womb and this may not necessarily have resulted from the negligent fitting of a contraceptive coil.

A solicitor will establish the medical facts of the case and with the assistance of an expert gynaecologist will determine whether the coil was inexpertly fitted, and if your injury was – ‘on the balance of probabilities’ – caused by your gynaecologist. If your injury was preventable under the circumstances, and your gynaecologist is proven to have acted with incompetence or has otherwise been negligent, it should be possible for you to make a compensation claim for gynaecologist negligence and to receive recompense for your injury and the inconvenience it has caused.

Whether it will be worth your while claiming gynaecologist negligence compensation will depend on the medical repercussions from your perforated uterus and the pain and suffering this caused. After you have explained to a solicitor about the severity of the complications you have suffered as a result of your injury, and your medical records have been checked, your entitlement to gynaecologist negligence compensation will be calculated.

One possible area of concern is how long ago your perforated womb was diagnosed. You only have a limited period of time in which to make a claim for negligence of a gynaecologist, which is 24 months from the date of knowledge of the injury. While you may still have time to make a gynaecologist negligence claim, it is important that you seek legal advice promptly. A gynaecologist negligence claim can take some time to prepare and investigate, and if the claim cannot be initiated within this time window you will lose the opportunity to recover compensation for your injury.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.