Claiming Compensation for Female Reproductive Organ Injury


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By Oliviah Rix-Taylor

on Monday 15 October 2018


FEMALE REPRODUCTIVE SYSTEM

Is it possible to claim compensation for infertility as a result of something not my fault?

When calculating the costs associated with any personal injury compensation claim, the courts must take many factors into account: the pain suffered, the change to quality of life for the future, loss of earnings, medical expenses and more. When dealing with infertility claims, one of the largest factors becomes that of emotional distress.

If you become infertile due to an accident in the workplace, medical negligence or exposure to a hazardous substance, the resulting emotional trauma often exceeds any physical pain, and for this reason many people do not come forward with their claim, believing that they must suffer in silence and that no court is going to hear them.

Contrary to this belief, claiming compensation for reproductive organ injury and other causes of female infertility is often successful with financial compensation awarded that is commensurate to the emotional and mental difficulties suffered.

If you have suffered from an incident which has led to permanent infertility, you are entitled to compensation.

Other types of female reproduction organ injuries

What claims might happen because of an ectopic pregnancy?

An ectopic pregnancy is when a fertilised egg implants itself somewhere outside of the womb, typically the fallopian tubes. Sometimes the matter can resolve itself naturally, but in many cases, medication, and even surgery, are required.

Related claims for medical negligence surrounding an ectopic pregnancy can include:

  • Misdiagnosis – sometimes the mother may instinctively feel that something is wrong early in the pregnancy and have her legitimate fears dismissed by the midwife or medical team, meaning the ectopic pregnancy is missed and left untreated for too long and bringing long-term complications where they would have been easily avoided, potentially affecting future fertility.

  • Incorrect surgery – in some cases, the removal of a fallopian tube may be necessary, however it has been known for the wrong fallopian tube to be removed, or even both taken when it wasn’t required. This will have a serious impact on future fertility and is grounds for a claim of medical negligence.

  • Failed surgery – it is possible for the surgery to be left incomplete or unsuccessful, and for the ectopic pregnancy to continue to grow, resulting in potentially serious health issues.

Can I claim for IVF negligence?

Unfortunately, even during a process as careful as in-vitro fertilisation can suffer problems. Compensation claims in IVF negligence cases are often due to ‘mix-ups’ where the wrong sperm has been implanted into the egg, for example. Other problems, such as an unfortunate destruction of patient sperm can also occur, preventing the IVF from continuing.

Thankfully, these sorts of problems are incredibly rare, but when they do happen the resulting distress and trauma to the family can be devastating. A claim for medical negligence goes some way to helping recovery.

Is there a case for compensation with failed sterilisation?

In some cases, it is the woman’s desire to not fall pregnant and she opts for sterilisation. This is typically a simple minor surgical procedure with a high success rate.

Should a woman fall pregnant following a sterilisation procedure, however, then she is entitled to put forward a claim for medical negligence. Claims of this type are usually less complicated than other medical negligence as the pregnancy itself provides evidence that is hard to argue.

Can claims be made for purely physical injuries?

If you have had an accident, perhaps at work or a car accident, that has caused damage to your groin area, you can make a claim for compensation.

These localised injuries are called ‘straddle injuries’ and include bruising and other trauma to the groin.

Penetrative injuries to the area, either through accident or assault, can also lead to a very successful compensation claim. If you have suffered an injury to your groin area as a consequence of something not your fault, then we are here to help.

How much money is paid out for claims related to the female reproductive system?

The courts follow a series of guidelines to determine the value of a compensation claim, whether for the loss of reproductive organs, a physical injury or other sterility compensation. This chart details the level of payout you can expect:

Severity Compensation
Where delay in diagnosing Ectopic Pregnancy but fertility not affected£2,700 to £16,280
Failed sterilisation leading to unwanted pregnancyIn the region of £8,130
Infertility where the injured person would not have had children in any event£5,280 to £10,040
Infertility without complications where there is significant psychological damage£14,320 to £29,290
Infertility resulting from failure to diagnose Ectopic Pregnancy£27,140 to £81,420
Infertility whether by reason of injury or disease, with severe depression and anxiety, pain and scarring£91,600 to £135,030

Remember that the above numbers serve as guidelines and your claim will depend on many factors, including an evaluation of your emotional distress and pain that has been suffered as well as seemingly minor addition, like your travel expenses when attending a medical appointment.

Will my claim for medical negligence be successful?

Making any compensation claim can be difficult but making a medical negligence claim against the NHS or other well-established body can be lengthier and more complicated than usual. It is for this reason that at Accident Line Direct we have specialist solicitors dedicated to the field of medical and clinical negligence who are here to help you receive a substantial award.

It is of utmost important that you keep records and copies of all documentation related to your case.

Many medical negligence claims are settled out-of-court and a settlement may be reached sooner than a long court process would suggest.

Why choose Accident Line Direct?

At Accident Line Direct we believe that everyone has the right for quality professional legal representation no matter their background. To assist with this, we operate on a No Win No Fee basis, meaning that there are no costs to you throughout the process – we make our money by taking a small percentage of the final compensation award. We are fully committed to your case – after all, if you don’t win then neither do we!

There are no hidden costs, no small-print to try to trick you, and there’s nothing for you to pay in advance of the final award.

We have the first solicitors to work on your case, with years of experience dealing in compensation claims of a similar nature. An initial phone call to a front-line assessor will result in your case being passed to a specialist lawyer with inciteful knowledge of infertility and related claims.

All of our staff are well trained and compassionate. We know that the difficulties that families suffer due to infertility are significant, and our patient, understanding team are here to help you through a potentially-upsetting legal process.

If you have experienced any issues regarding your reproductive organs, then please do get in contact. You can call or fill out our contact form for someone to ring you back at a time that is convenient to you – and if you know of anyone else that may be affected by the subject of infertility compensation claims, then please do pass on this article to them, or share it on social media to extend that helping hand.

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