Gynaecology - Medical Negligence Compensation Solicitors

Mistakes made in obstetrics and gynaecology account for over a half of all medical negligence compensation claims currently being dealt with by solicitors in Australia. Our gynaecology solicitors are specialists in medical negligence claims arising from surgery and surgical procedures including;

• diagnostic and operative laparoscopy including perforation of uterus or damage to other organs or the abdominal wall
• defective consent or failure to explain operative risk or alternative methods of treatment
• failure to detect or control internal haemorrhage
• injury to bladder, bowel or ureters during hysterectomy
• delay in diagnosis of pregnancy, ectopic pregnancy and genital cancer
• inadvertent sterilisation by the introduction of infection
• failure to remove vaginal or abdominal swabs
• unnecessary operations
• loss of future childbearing capacity due to infection or due to subsequent need for a hysterectomy
• complications of abortion including failure and wrongful birth
• failure of sterilisation leading to abortion or wrongful birth
• failure to interpret tests or act appropriately in cervical cancer cases
• anaesthetic awareness
• loss of urinary control

Gynaecology Medical Negligence Compensation

Compensation awards in obstetrics and gynaecology medical negligence cases are intended to put the victim back into the position that they would have been had the negligence not occurred. This is a very difficult concept to understand and over the years judges have wrestled with the amount of the award necessary to attempt to do just that. Most medical negligence compensation claims that go to trial and are successful eventually pass into the hands of a judge to asses the appropriate amount of compensation to award. In the main, following representations from both parties medical negligence solicitors, the judge will consider previous awards of compensation made in similar cases tempered with knowledge acquired as a practising lawyer prior to take up appointment as a judge.

For the sake of convenience, obstetrics and gynaecology medical negligence solicitors divide damages into two main categories called 'general damages' and 'special damages'. Special damages represents those items that can be mathematically calculated with some accuracy such as wages losses. General damages represents those items that cannot be calculated with mathematical precision which may call for a judge to make an assessment such as compensation for pain and suffering. In both cases there may be an element of interest to be added to the award.

Time Limits

There are time limits within which legal action must be commenced. The limitation legislation in Australia is complex and difficult with varying time limits dependent on location, the type of injury, the age and mental capacity of the claimant, the date that the injury was or should have been discovered and the behaviour of the potential defendant. Failure to comply with time limits can result in loss of the opportunity to claim compensation.

Reference should always be made to a qualified medical negligence solicitor to obtain information and advice on Australian time limits as soon as possible after the event giving rise to the potential claim. If you would like free specialist advice just call the helpline or email our offices and a member of our legal team will speak to you with no charge and no further obligation. Should you chose to retain one of our gynaecology medical negligence solicitors, your matter may be handled under the No Win No Fee scheme with no necessity to personally finance your claim in any respect.