Could I Get Compensation For Contraceptive Coil Negligence?

You may be wondering if you could claim for contraceptive coil negligence. An intrauterine device (IUD) or intrauterine system (IUS) can be placed inside the womb to prevent someone from getting pregnant; these devices can be referred to as contraceptive coils.

Contraceptive Coil Negligence

Contraceptive Coil Negligence Claims Guide

All patients are legally entitled to receive a minimum standard of care from medical professionals. However, if a medical professional breached their duty of care owed to you, and this causes you harm that the right level of care would have avoided, you could be entitled to claim compensation.

This guide will explore when you can make a medical negligence claim, including how this kind of procedure could cause you harm and the evidence you should consider to support your claim. Furthermore, we will look at how a value could be assigned to your potential claim.

To conclude, we will discuss the benefits of instructing a legal professional on a No Win No Fee basis in your contraceptive coil negligence claim. To find out if you can work with a solicitor on our panel, contact our team of advisors today by:

Select A Section

  1. Could I Get Compensation For Contraceptive Coil Negligence?
  2. What Is Pregnancy Coil Medical Negligence?
  3. How To Prove Contraceptive Coil Negligence Injuries
  4. Examples Of Payouts for Victims of Contraceptive Coil Negligence
  5. Simply The Claims Process With A No Win No Fee Medical Negligence Solicitor
  6. Advice On Related Clinical Negligence Claims

Could I Get Compensation For Contraceptive Coil Negligence?

Medical professionals must provide the correct standard of care. As an example, the NHS Constitution highlights the level of care patients can expect when receiving NHS care. In the event that the care provided by a medical professional falls short of this duty, they could be liable for any unnecessary harm you suffer as a direct result of this. 

To claim for contraceptive coil negligence, you must be able to show:

  • A duty of care was owed to you
  • This duty of care was breached
  • You suffered unnecessary harm due to the breach

In some cases, harm in the course of receiving medical treatment can’t be avoided. For example, some people will experience discomfort and pain as a result of having a coil inserted. If this pain and discomfort happened despite the right level of care being provided, then this would not be grounds for a claim.

Contact our team of advisors today for a free case assessment.

 Limitation Periods In Medical Negligence Cases

Generally, you have three years to begin a medical negligence claim from the date the negligence occurred, as set out in the Limitation Act 1980. If you only become aware (or would have been expected to be aware) of the harm you’ve suffered at a later date, the three-year time limit would begin from the date of knowledge.

There are exceptions to this time limit, however. Speak with a member of our team for free advice about this.

What Is Pregnancy Coil Medical Negligence?

Below are some examples of how you could suffer harm because of this kind of procedure:

  • You could have a coil fitted when a doctor fails to establish that you’re already pregnant. This could result in an ectopic pregnancy. 
  • The medical professional performing the procedure failed to use a clean speculum. This causes you to contract an infection.
  • Your coil could be incorrectly fitted, causing it to perforate your womb. This then affects your bowel and bladder. 

It’s important to note that sustaining harm does not automatically entitle you to a claim. You would need to show that you were harmed as a direct result of the medical professional’s failure to adhere to the correct care standard when treating you.

Pregnancy Coil Case Study

A patient attended the doctor and was told that her contraceptive coil, inserted in 1989, had fallen out. As a result, she had another inserted. However, unbeknownst to her and her doctor at the time, the device was still inside her. She had a second device inserted in 1990. 

Even after this second device was removed, she was unable to become pregnant. She also suffered from effects such as heavy periods, pain in the abdomen and infections. It was only in 2019, after she underwent scans to investigate back pain, that the original copper coil was spotted and removed. The patient was compensated for the physical effects of the coil being left in her body, as well as the fact that this prevented her and her partner from having a child. This caused them to incur costs associated with failed IVF attempts.


How To Prove Contraceptive Coil Negligence Injuries

To claim compensation for contraceptive coil negligence, you must be able to prove that you suffered avoidable harm due to a medical professional not providing you with the correct standard of care. Evidence can be very helpful when proving medical negligence and can show how you were affected by it. 

For example, the following could be used: 

  • Your medical records outlining exactly what happened during your treatment
  • Witness contact details so that they can provide future statements about consultations they joined you in 
  • Evidence from an independent medical assessment. Working with a lawyer from our panel could mean that this is arranged in your local area. 
  • The results of the Bolam test. This is where a panel of appropriately-trained medical professionals are asked to confirm whether the standard of care provided met the duty of care.

A solicitor on our panel could arrange for an independent medical assessment to be carried out in your area to save you time. To find out if a solicitor from our panel could help with your contraceptive coil negligence claim, contact our advisors now for a free case assessment.

Examples Of Payouts for Victims of Contraceptive Coil Negligence

Successful claims for medical negligence compensation can include two kinds of damages, general and special damages. General damages are awarded in all successful cases and compensate you for the pain and suffering you have experienced due to medical negligence. The amount you receive will depend on many factors, including:

  • The severity and impact of the harm you suffered
  • The loss of enjoyment you have experienced
  • The time it takes you to recover

Also, legal professionals can use the Judicial College Guidelines (JCG) to help assign a value to your claim. This document provides valuation brackets for harm of different types and severity. Furthermore, a legal professional could request your medical report to compare with the JCG guidance figures.

Due to the unique circumstances of each case, the level of compensation you could receive cannot be guaranteed. However, below is a table of guidance figures from the JCG for different types of harm.

Injury Compensation Notes
Reproductive System (Female) £114,900 to £170,280 Infertility with sexual dysfunction, pain and severe anxiety and depression
£43,010 to £102,100 Permanent sexual dysfunction, relating to individuals who already have children or didn’t intend on having any.
£56,080 to £71,350 Infertility with no sexual dysfunction, in young individuals without children.
£17,960 to £36,740 Infertility, without sexual dysfunction where the individual already has children or had no intention in having any.
£6,610 to £18,680 Infertility where the individual would not have had any children anyway.

Other Ways Claimants Could Be Compensated

The second kind of damages that you could receive is special damages. These compensate you for all reasonable past and future losses you experience due to the harm you’ve suffered from medical negligence. To ensure you’re fully compensated for your losses, you should hold onto any evidence you have.

This can include:

  • Your payslips, which outline the money you would have earned had you been capable of working
  • Bus tickets that show your public transport expenses due to being unable to drive 
  • Prescription receipts, which highlight your medical costs, that were required to recover

A solicitor on our panel could build an evidence portfolio to support your contraceptive coil negligence claim if eligible. To find out the validity of your case, contact our team of advisors now.

Simplify The Claims Process With A No Win No Fee Medical Negligence Solicitor

A legal professional could provide you with expert advice to support your medical negligence claim. If you decide you want legal representation, working with them on a kind of No Win No Fee basis, called a Conditional Fee Agreement, would ensure:

  • You had no upfront legal fees to begin instruction
  • You didn’t have to pay any legal fees to keep your case progressing
  • That if your claim was unsuccessful, you didn’t have to pay any legal fees for your solicitor’s service
  • That if your claim won, your solicitor would take something called a success fee, which is only a small, legally capped percentage of your compensation

Moreover, our panel of No Win No Fee solicitors have years of experience and only work with claimants if they feel there is a good chance of success. This means you can be confident in your claim if you’re offered representation on this basis.

Contact our team of advisors today to see if you’re eligible to make a contraceptive coil negligence claim and utilise a No Win No Fee solicitor from our panel. You can get in touch by:

Advice On Related Clinical Negligence Claims

We hope this guide has answered any questions you had about contraceptive coil negligence claims. Please look below for more of our articles:

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Writer LE

Publisher NC