According to Endometriosis UK, 1 in 10 women and girls suffer from the condition. This is a chronic disease where similar tissue to the lining of the uterus grows in other parts of the body. Consequently, this causes severe pain and can have a significant impact on a woman or girl’s life. Alarmingly, it takes, on average, 8 years and 10 months from the first GP visit to diagnose endometriosis. If you have walked a long road to a diagnosis and this has caused you to suffer unnecessary or avoidable harm, you may have experienced medical negligence and have the right to endometriosis compensation.
Key Takeaways
- Negligent endometriosis care can impact women in a multitude of ways, including infertility.
- You typically have 3 years from the date you suffered the harm or the date of knowledge to file a claim.
- The more evidence you have, the stronger your claim.
- Endometriosis negligence can range from misdiagnosis to inadequate treatment.
- Here at Medical Negligence Claims Care, our panel of solicitors offers services on a No Win No Fee basis via a Conditional Fee Agreement Contract.
We are here to answer any immediate questions you may have. Please get in touch using the contact details below:
Contact Us
- Call us on 0113 460 1216
- Contact us online
Jump To A Section
- Who Can Claim Endometriosis Compensation?
- Can I Make An Endometriosis Claim On Behalf Of A Loved One?
- What Is Endometriosis Medical Negligence?
- The Impacts Of Endometriosis Negligence
- Why Is Endometriosis Misdiagnosis So Common?
- What Compensation Can I Get For My Endometriosis Claim?
- How Can Endometriosis Compensation Help Me?
- Starting My Endometriosis Claims
- Get Support From Our Panel Of Solicitors
- Learn More
Who Can Claim Endometriosis Compensation?
Anyone can claim endometriosis compensation as long as they meet the following eligibility criteria:
- A medical professional owed you a duty of care
- They breached this duty
- You suffered avoidable or unnecessary harm as a result
The important thing to remember is that all medical professionals, including GPs, specialists and A&E staff, owe their patients a duty of care. In other words, they are legally required to provide a minimum standard of care.
Those suffering from endometriosis typically seek medical help from GPs and specialists like gynaecologists. So, suppose you sought medical advice from a gynaecologist and they failed to provide you with the minimum standard of care. In that case, they may have breached their duty of care towards you and you may be eligible for endometriosis compensation.
Are you not sure what endometriosis negligence looks like? We provide in-depth examples later on in our guide.
If you’re still unsure after reading this section whether you have an eligible endometriosis or gynaecology negligence claim, please connect with one of our advisors who can help.
Can I Make An Endometriosis Claim On Behalf Of A Loved One?
Yes, you can absolutely make an endometriosis claim on behalf of a loved one. You can do so by becoming a legally appointed litigation friend. This role would allow you to claim for the loved ones below:
- An adult who lacks the mental capacity to make an endometriosis claim independently
- A minor who is below the age of 18 and is too young to claim
The role of litigation friend is typically taken on by a trusted individual such as a family member or other appropriate candidate (such as a solicitor). In this role, you would be responsible for any decision-making, representation and communication with legal practitioners. Importantly, the litigation friend will act in the protected person’s best interests at all times.
If you want to become a litigation friend and secure endometriosis compensation for your loved one, please contact us today so we can advise you on the next steps.
What Is Endometriosis Medical Negligence?
Please find some examples of endometriosis medical negligence below:
- Inadequate treatment – This might look like a GP failing to prescribe the appropriate treatment by prescribing pain medication instead of investigating and treating the root cause of the problem, allowing it to worsen.
- Misdiagnosis – This is a common example of endometriosis negligence, as women will often be misdiagnosed as having IBS or simply difficult periods.
- Delayed Diagnosis – Without a prompt diagnosis, the patient can suffer worsening symptoms including increased pain, organs affected and fertility issues.
- Fertility or Birth Injury – Not only can untreated endometriosis impact fertility, such as struggling to conceive naturally but it can also cause birth injuries such as placental complications, increased likelihood of caesarean delivery, uterine rupture and a higher chance of preterm birth.
- Surgical Errors – Negligence in the form of surgical errors can include damage to healthy neighbouring organs, failure to remove all endometrial tissue or leaving behind a foreign object.
If one of these examples of endometriosis negligence has happened to you, please get in touch so we can talk to you in more detail regarding endometriosis compensation claims.
The Impacts Of Endometriosis Negligence
Please find below examples of the impact negligent endometriosis care can have on patients:
- Prolonged Pain – Without proper treatment, women can experience increased levels of pain as the condition worsens due to being left unchecked, including pelvic pain and painful periods.
- Worsening Condition – Endometriosis can spread to other parts of the body if it’s left untreated, causing damage to internal organs as well as bowel and bladder issues.
- Infertility – Untreated endometriosis can damage the ovaries and fallopian tubes, resulting in difficulty conceiving, including a much higher chance of miscarrying.
- Unnecessary Surgery – A delayed diagnosis makes it more likely that the woman will have to undergo extensive surgeries to remove the endometriosis.
- Mental Health Issues – The chronic pain, physical health complications and fertility issues can bring about anxiety, depression and other mental health problems.
- Isolation – Due to the pain and fatigue, a lot of women have to stay at home and rest more often than average, making it difficult to maintain social connections and relationships.
If you have experienced one or more of these impacts due to negligent endometriosis care, please contact one of our advisors so we can help.
Why Is Endometriosis Misdiagnosis So Common?
Please find below the common conditions that endometriosis symptoms are often mistaken for:
- Irritable Bowel Syndrome – Endometriosis signs are very similar to IBS, including chronic abdominal pain, cramping, bloating and changes in bowel habits.
- Pelvic Inflammatory Disease – Both pelvic inflammatory disease and endometriosis share the same symptoms of pelvic pain and inflammation.
- Ovarian Cysts – Endometriosis and ovarian cysts share several similar symptoms, including pelvic pain, pain during intercourse and menstrual irregularities.
- Uterine Fibroids – Both uterine fibroids and endometriosis have overlapping symptoms including pelvic pain, menstrual irregularities and fertility issues.
- Painful Periods – Endometriosis is often mistaken as simply ‘painful periods’ because the symptoms are almost identical, except the severe pain is not caused by contractions of the uterus but from uterine tissue growing in places it shouldn’t.
- Urinary Tract Infection – Endometriosis can also be misdiagnosed as a urinary tract infection because of overlapping symptoms and the bladder’s close proximity to the uterus.
If your endometriosis has been misdiagnosed as any of the above conditions, please contact us so we can determine whether you have a valid endometriosis compensation claim.
What Compensation Can I Get For My Endometriosis Claim?
When calculating compensation for endometriosis negligence claims, your medical negligence solicitor may refer to the Judicial College Guidelines (JCG). This publication illustrates various instances of harm, along with their corresponding compensation brackets. Sometimes solicitors may use the JCG to determine how much compensation their clients’ may receive in the form of general damages, which is a head of claim that covers any pain or suffering experienced.
When assessing general damages, your medical negligence solicitor will consider:
- The type of harm and its severity
- The length of your expected recovery period
- Whether the harm has impacted your quality of life
- Whether you have suffered psychological harm
- Any future risk of deterioration or degeneration
- Any lasting effects, for example, long-term or lifelong disabilities
Please find below a table containing some brackets from the JCG. However, please take careful note that the first figure has not been sourced from the JCG, and this table is intended to serve as a guideline only.
| Types of Harm | Compensation Guidelines | Notes |
|---|---|---|
| Multiple Very Severe Forms of Harm with Special Damages | Up to £250,000+ | Multiple very severe forms of harm with special damages, including loss of wages and private treatments. |
| Female Reproductive Injuries (a) | £140,210 to £207,260 | Infertility caused by disease or injury, coupled with sexual dysfunction, mental health issues, pain and scarring. The upper end of this award will include medical complications such as an ectopic pregnancy and the claimant will be a younger person. |
| Female Reproductive Injuries (b) | £52,490 to £124,620 | In this bracket the sexual dysfunction will be permanent and the claimant will already have children or would not have children in any event. Again the upper end of this bracket will include medical complications like an ectopic pregnancy or multiple surgeries. |
| Female Reproductive Injuries (c) | £68,440 to £87,070 | The claimant will have infertility with no aggravating features, no sexual dysfunction and no children. |
| Severe Psychiatric Damage | £66,920 to £141,240 | Several factors will be taken into account including the claimant's ability to cope with life, work and education. The impact on relationships will also be taken into account as well as the extent treatment will be successful, future vulnerability, prognosis and whether medical help has been sought. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | In this bracket, there will be significant problems related to the individual's ability to cope with life, work and education as well as whether medical help has been sought. However, the prognosis will be much more optimistic. |
| Bladder Injuries (c) | £78,080 to £97,540 | This bracket includes serious impairment of bladder control, pain and the presence of incontinence. |
| Bowel Injuries (c) | In the region of £97,530 | The claimant will suffer from faecal urgency and passive incontinence after surgery causing embarrassment and distress, typically following injury giving birth. |
| Kidney Injuries (b) | Up to £78,080 | In this bracket there is a significant risk of future urinary tract infection or other total loss of natural kidney function. Inevitably, there will be substantial future medical expenses which is particularly high in this field. |
| Scarring With No Severe Internal Injuries | In the region of £10,550 | The claimant will have had an exploratory laparotomy performed; however, there is no significant internal injury. This award covers the operation and the inevitable scar. |
If you require any further clarity on the Judicial College Guidelines, general damages or endometriosis compensation, please don’t hesitate to contact our team.
How Can Endometriosis Compensation Help Me?
Endometriosis compensation can help you not only cover your pain and suffering but also any financial losses you have suffered via a second head of claim called special damages. Notably, these damages must be directly related to the harm you have suffered. For example:
- A medical professional misdiagnosed you, and you went without the treatment you needed
- This meant that endometriosis tissue spread to other parts of the body, and you couldn’t function because of the pain and inflammation
- Consequently, you had to have time off work, which drastically reduced your income
Suppose you believe that you have incurred financial losses as a direct result of clinical negligence. In that case, your medical negligence solicitor will ask you to provide proof in the form of documented costs like receipts, medical invoices and payslips.
If you have proof readily available, you could claim for costs such as:
- Medical bills
- Loss of earnings
- Loss of future earnings
- Travel expenses
- Care from loved ones or professionals
Would you like to know more about special damages or how to file a medical negligence claim? Get in touch so we can provide you with tailored guidance unique to your circumstances.
Starting My Endometriosis Claim
In order to start your endometriosis claim, you will need to do the following:
- Abide by the legal time limit
- Gather as much evidence as you can
Beginning with the time limit, the Limitation Act 1980 states that you have to file your claim within 3 years from:
- The date you suffered the harm
- The date of knowledge
As we mentioned earlier in this guide, minors and adults who are mentally incapacitated won’t be able to claim compensation on their own without the help of a litigation friend. As a result, the limitation period is put on hold unless:
- The adult’s mental capacity is restored. If they recover, the 3-year timer will start from the day of recovery
- The minor turns 18 years old. They then have until their 21st birthday to make a claim
Notably, the litigation friend would be able to claim on behalf of one of the above individuals while the timer is paused.
Strong Evidence
When it comes to gathering evidence for your endometriosis claim, the main thing to bear in mind is the more proof you have, the stronger your claim will be. Importantly, you must be able to demonstrate that a medical professional is liable; in other words, they breached their duty of care towards you and you suffered avoidable or unnecessary harm.
Here at Medical Negligence Claims Care, our panel of solicitors can help you gather evidence for your endometriosis compensation claim. In fact, years of robust experience have taught our panel of solicitors that the following pieces of evidence are very beneficial and help build a compelling claim:
- Photographs of the harm done, such as pictures of surgery scars
- Medical records, so that you can provide insights into your timeline of treatment and the impact it has had on you
- Contact details from staff, family and strangers so that your solicitor can collect witness statements
- A personal account or journal documenting what has happened to you in your authentic voice
If you have any follow-up questions regarding time limits or evidence for your endometriosis compensation claim, please ring us or contact us online for free.
Get Support From Our Panel Of Solicitors
Our panel of specialist solicitors believe that it is unethical for potential claimants to be deterred from seeking endometriosis compensation due to their financial circumstances. As a result, they offer their services via a contract called a Conditional Fee Agreement, which comes with the following benefits:
- There won’t be a solicitor’s fee if your claim fails
- You won’t encounter any upfront costs for your solicitor’s services
- You won’t have to pay a thing towards your solicitor’s work while your claim is in process
As per The Conditional Fee Agreements Order 2013, a success fee will be deducted from your endometriosis compensation if your claim is successful. The success fee is a percentage, that is not only agreed upon prior to work starting on your claim, but subject to a legal cap.
How Our Panel Of Solicitors Can Help You
Here at Medical Negligence Claims Care, our panel of solicitors work tirelessly to support their clients and their endometriosis claims. If you decide to work with us, you will get immediate access to the following services:
- We will tell you how strong your claim is and its likelihood of success
- Determine a fair and accurate compensation figure
- Gather evidence on your behalf
- Represent you in negotiations and court proceedings
- Draft a Letter of Claim to begin the claims process
- Find a suitable barrister to handle your case if it ends up in court
- Communicate with the defendant’s solicitors and keep you informed at all times
- Arrange an independent medical assessment to assess the harm done
- Get you access to medical treatment that might not be available on the NHS
- Follow all instructions to the letter and meet all deadlines efficiently
We know that this is a challenging time, and the last thing you want to do is navigate the complexities of the legal system. Let our panel do the heavy lifting, so you can focus on what really matters. If you would like to discuss the benefits and services you could gain access to in more detail, please call an advisor or contact us online for free using the contact details below:
Contact Medical Negligence Claims Care
- Call us on 0113 460 1216
- Contact us online
Learn More
Some more guides written by us:
- Has a healthcare practitioner breached their duty of care towards you? Read our guide on gynaecology medical negligence.
- Have you suffered negligence in the form of a misdiagnosis? Learn more about cervical cancer misdiagnosis claims.
- Were you prescribed the wrong medication for your endometriosis? Read our guide on medication errors by the NHS.
Some additional resources:
- Would you like to learn more about the minimum standard of care that GPs are expected to provide? Familiarise yourself with the professional standards expected of doctors by the General Medical Council.
- Information about claiming Personal Independence Payments (PIP) from GOV.UK.
- Learn more about endometriosis from the NHS.
Thank you for taking the time to read our guide on endometriosis compensation.