Types of pregnancy and gynaecology negligence claim
Ectopic pregnancy misdiagnosis
An ectopic pregnancy can be life-threatening if the tube ruptures. Any woman of childbearing age who presents with abdominal pain and a positive pregnancy test must be assessed for ectopic pregnancy. Failure to consider and investigate ectopic pregnancy, or discharge without follow-up when ectopic cannot be excluded, is a common basis for a negligence claim.
Pre-eclampsia and HELLP syndrome mismanaged
Pre-eclampsia can progress to eclampsia and HELLP syndrome. Failure to diagnose and monitor pre-eclampsia, failure to recognise HELLP syndrome, or failure to deliver at the appropriate point can cause maternal stroke, organ failure, or death, and fetal compromise or preterm birth.
Gestational diabetes mismanaged
Uncontrolled gestational diabetes can cause macrosomia, stillbirth, and neonatal hypoglycaemia. Failure to screen at the appropriate gestational age, or to manage it appropriately once diagnosed, may give rise to a claim.
Antenatal monitoring failures
Failure to identify intrauterine growth restriction, to investigate reduced fetal movements, or to monitor a high-risk pregnancy appropriately can result in stillbirth or birth injury.
Caesarean section negligence
Negligent caesarean section can involve: failure to perform an emergency C-section promptly when indicated; bladder or bowel injury during surgery; failure to obtain informed consent; and negligent wound closure.
Episiotomy and birth tears (OASI)
Third and fourth-degree perineal tears occur during vaginal delivery and must be recognised and repaired promptly. Missed or inadequately repaired OASI can cause permanent faecal incontinence and sexual dysfunction.
Retained placenta mismanaged
Retained placenta following delivery causes haemorrhage and infection. Manual removal or surgical management must be performed promptly. Delayed management causing haemorrhage, infection, or hysterectomy may give rise to a claim.
Hysterectomy negligence
Negligent hysterectomy — including accidental injury to bladder, ureter, or bowel; failure to obtain informed consent for the procedure or for a less invasive alternative; and post-operative complications not managed — is a common source of gynaecology negligence claims.
Endometriosis misdiagnosis
Endometriosis affects approximately 10% of women of reproductive age, yet average diagnostic delay is 8 years. Failure to consider and investigate endometriosis in a woman with chronic pelvic pain, dysmenorrhoea and dyspareunia, and the resulting treatment delay and disease progression, may give rise to a claim.
Gynaecological cancer misdiagnosis
Failure to refer for investigation of possible cervical, ovarian, uterine, or vulval cancer can allow malignancy to advance to a less treatable stage.
Frequently asked questions
Can I claim if my ectopic pregnancy was missed?
Yes — if the failure to diagnose or exclude ectopic pregnancy fell below the standard of a competent clinician, and the failure caused harm — including loss of a fallopian tube, haemorrhage, or a life-threatening event.
Can I claim if I had HELLP syndrome and it was not recognised?
Yes. HELLP syndrome is a medical emergency. Failure to recognise and treat it — or failure to deliver the baby at the appropriate point — may give rise to a claim for harm to the mother and/or baby.
Can I claim for a third or fourth-degree tear that was not properly repaired?
Yes — if the tear was not identified, or if the repair was performed below the required standard and caused permanent incontinence or sexual dysfunction.
Related guides
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.