Endometriosis Claims

Endometriosis is a condition where tissue similar to the lining of the womb grows in other places, such as the ovaries and fallopian tubes. According to Endometriosis UK, around one in ten women in the UK are living with the condition. It can be a difficult condition to live with both physically and emotionally.
 

Symptoms include chronic pelvic pain, period related pain affecting daily activities and infertility. In some cases, surgery may be recommended to cut away patches of endometriosis tissue or to remove part or all of the organs affected by endometriosis such as a hysterectomy (removal of the womb).

Delays in diagnosis of endometriosis can occur. It has many symptoms similar to other common medical conditions. Delays in diagnosis can cause prolonged pain and other physical and psychological problems including infertility, anxiety and depression. Where a delay in diagnosis has led to a significant injury, there may be a claim for medical negligence. Claims may also result from surgical errors made during surgery to treat endometriosis.

According to NICE guidelines, the possibility of endometriosis should not be excluded if an abdominal or pelvic ultrasound or MRI are normal. If clinical suspicion remains, further investigation and assessment, including referral should be considered. Claims may be made against GPs or other medical practitioners if they failed to properly investigate symptoms of endometriosis leading to a delay in diagnosis and a worsened condition as a result.

Endometriosis Compensation

Compensation may be awarded to cover specialist fertility treatments if required as well as other private treatment costs that may be needed including psychological treatments and sums to compensate for any financial losses.

If you or a family member is concerned about medical treatment in this area, please contact us to discuss how we can help.

Your claim - why us?

We work closely with leading experts including GP’s and gynaecologists to assess the strength of a claim and the treatment needs of the injured person.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing an endometriosis claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales.   This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust).

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will my case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

Can I make a 'no win, no fee' endometriosis claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents)
• APIL (Association of Personal Injury Lawyers)
• HFEA (Human Fertilisation and Embryology Authority)