How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Specialist claims
Women’s Health & Gynaecology Negligence Claims
Concerns about gynaecological care can involve investigation of symptoms, surgery, consent or follow-up. Where unreasonable care caused avoidable harm, a claim may be possible. You can describe your experience without needing to identify a diagnosis or legal category yourself.
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Could this apply to you?
1
Failure to investigate persistent or concerning symptoms
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An avoidable delay in referral or diagnosis
3
Abnormal imaging, screening or test results not acted on
Last updated 7 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Failure to investigate persistent or concerning symptoms
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
An avoidable delay in referral or diagnosis
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Abnormal imaging, screening or test results not acted on
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Avoidable injury to nearby organs during pelvic surgery
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to explain material treatment risks or reasonable alternatives
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Inadequate response to postoperative complications
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Listening to symptoms and investigating appropriately
A review may consider repeated consultations for pelvic pain, bleeding or other symptoms, the examination and tests performed, and whether referral or follow-up was appropriate. Conditions such as endometriosis can be difficult to diagnose; the length of time to diagnosis alone does not establish negligence.
The assessment focuses on identifiable opportunities for reasonable care and what difference they would probably have made. Delays can have different consequences for different conditions, so expert evidence is often needed.
Treatment, consent and avoidable injury
Concerns may arise after a hysterectomy, laparoscopy or another procedure. A recognised complication, including damage to a nearby organ, is not automatically negligent. Planning, technique, recognition of complications and the response afterwards all matter.
Where consent is disputed, the investigation considers the information that should have been given about material risks and reasonable alternatives, together with what the patient would have decided. Fertility consequences require careful specialist assessment rather than assumptions.
A sensitive and inclusive enquiry
These services can be relevant to people with gynaecological healthcare needs whatever their gender identity. You can keep the first account brief, explain any communication preferences and discuss sensitive details privately with the team.
Keep a timeline of consultations and any letters you already have. If you are experiencing new or worsening symptoms, seek healthcare advice rather than waiting for a legal response. A complaint or enquiry does not protect a legal deadline.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
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GP, gynaecology and relevant screening records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Test results, imaging and referral correspondence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Operation notes and records of consent discussions
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Independent gynaecology and other relevant specialist evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
Start an enquiry
Tell us what happened.
Questions answered
Women’s Health & Gynaecology FAQs
Can delayed diagnosis of endometriosis lead to a claim?
Potentially, where an avoidable failure in care and resulting additional harm can be established. The fact that diagnosis took time is not sufficient on its own.
Can I enquire about injury following a hysterectomy?
Yes. The circumstances of the operation, consent and aftercare can be assessed. Expert evidence is needed to distinguish avoidable injury from a complication despite reasonable care.
What if the care affected my fertility?
Tell the team about that concern. The causal link and any recoverable consequences need specialist medical and legal assessment. Fertility treatment or surrogacy costs are not automatically recoverable.
Does this page also cover injury during childbirth?
The maternal birth injury page deals specifically with injuries to the mother during delivery and postnatal care. You can still make an enquiry here if you are unsure which category fits.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Related claim types
- Maternal Birth Injuries & Perineal Tears
- Sterility & Overseas Surrogacy
- Delayed or Missed Cancer Diagnosis
Use the claim checker if you are unsure where to start.
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