Endometriosis Misdiagnosis Claims
Legal support if a delayed or missed diagnosis of endometriosis has caused avoidable harm.
What is Endometriosis
Endometriosis is a chronic and often progressive gynaecological condition where tissue similar to the lining of the womb grows outside the uterus. It affects around 1 in 10 women, yet the average time to diagnosis in the UK is still many years.
Common symptoms include -
Severe pelvic pain and painful periods
Pain during or after sex
Bowel or bladder symptoms
Fatigue
Fertility problems
From a legal perspective, endometriosis claims commonly arise not because the condition is difficult to treat, but because persistent symptoms are not properly investigated.
Endometriosis is one of the most frequently missed and misunderstood medical conditions in the UK. When clinicians fail to investigate symptoms, make timely referrals or follow accepted medical guidance, the consequences can be life-changing. Our specialist clinical negligence solicitors help women bring claims for delayed or missed diagnosis of endometriosis.
How Clinicians can Breach their Duty of Care
Doctors and other healthcare professionals owe patients a legal duty of care. In endometriosis cases, a breach of that duty often involves one or more of the following failures.
Failure to Properly Investigate Symptoms
Women may attend their GP or hospital repeatedly with pelvic pain, heavy or painful periods, or symptoms that worsen around their menstrual cycle. Simply offering reassurance or repeat prescriptions, without further investigation, may fall below an acceptable standard of care.
Failure to make a timely referral
Where symptoms persist, worsen or do not respond to treatment, clinicians are expected to refer patients to gynaecology. Delays in referral, particularly over a number of years, are a frequent feature of endometriosis negligence claims. Whilst scans be completed if there is a suspicion of endometriosis, a formal diagnosis can usually be made following a laparoscopy where a camera is used to see the area and biopsy the tissue in the area.
Misdiagnosis
Endometriosis is often wrongly attributed to conditions such as IBS, stress, anxiety or ‘normal’ period pain. In some cases, despite being a distinctly different condition, a misdiagnosis may also include diagnosing PCOS (Polycystic Ovary Syndrome). A misdiagnosis may amount to negligence where alternative explanations are accepted without adequate assessment or review.
Failure to review or follow up on treatment
Some patients are kept on pain relief or hormonal treatment for prolonged periods without their ongoing symptoms being properly reviewed. Continuing treatment without reassessment, despite a lack of improvement, may be negligent.
Failure to consider endometriosis as a possible diagnosis
Clinicians are expected to consider endometriosis when symptoms are longstanding, cyclical or significantly affecting daily life. Failing to do so may result in avoidable delay and harm. In some rarer cases of Deep Infiltrating Endometriosis this can spread to other organs and so early diagnosis and treatment is essential. Where earlier investigation or referral would probably have led to an earlier diagnosis, and that delay caused additional pain, disease progression or fertility damage, a claim for clinical negligence may be possible.
Where earlier investigation or referral would likely have led to an earlier diagnosis and that delay caused avoidable harm, a clinical negligence claim may arise.
How Clinicians can Breach their Duty of Care
Doctors and other healthcare professionals owe patients a legal duty of care. In endometriosis cases, a breach of that duty often involves one or more of the following failures.
Failure to Properly Investigate Symptoms
Women may attend their GP or hospital repeatedly with pelvic pain, heavy or painful periods, or symptoms that worsen around their menstrual cycle. Simply offering reassurance or repeat prescriptions, without further investigation, may fall below an acceptable standard of care.
Failure to make a timely referral
Where symptoms persist, worsen or do not respond to treatment, clinicians are expected to refer patients to gynaecology. Delays in referral, particularly over a number of years, are a frequent feature of endometriosis negligence claims. Whilst scans be completed if there is a suspicion of endometriosis, a formal diagnosis can usually be made following a laparoscopy where a camera is used to see the area and biopsy the tissue in the area.
Misdiagnosis
Endometriosis is often wrongly attributed to conditions such as IBS, stress, anxiety or ‘normal’ period pain. In some cases, despite being a distinctly different condition, a misdiagnosis may also include diagnosing PCOS (Polycystic Ovary Syndrome). A misdiagnosis may amount to negligence where alternative explanations are accepted without adequate assessment or review.
Failure to review or follow up on treatment
Some patients are kept on pain relief or hormonal treatment for prolonged periods without their ongoing symptoms being properly reviewed. Continuing treatment without reassessment, despite a lack of improvement, may be negligent.
Failure to consider endometriosis as a possible diagnosis
Clinicians are expected to consider endometriosis when symptoms are longstanding, cyclical or significantly affecting daily life. Failing to do so may result in avoidable delay and harm. In some rarer cases of Deep Infiltrating Endometriosis this can spread to other organs and so early diagnosis and treatment is essential. Where earlier investigation or referral would probably have led to an earlier diagnosis, and that delay caused additional pain, disease progression or fertility damage, a claim for clinical negligence may be possible.
Where earlier investigation or referral would likely have led to an earlier diagnosis and that delay caused avoidable harm, a clinical negligence claim may arise.
Who Can We Help
We can advise and represent individuals who have suffered harm as a result of -
Delayed diagnosis of endometriosis
Missed diagnosis of endometriosis
Misdiagnosis leading to inappropriate treatment
Failure by a GP to refer to a specialist
Failure by hospital clinicians to investigate symptoms
Claims may relate to -
NHS or private healthcare
Treatment received as an adult or child
Fertility damage, disease progression, or avoidable surgery
Who Can We Help
We can advise and represent individuals who have suffered harm as a result of -
Delayed diagnosis of endometriosis
Missed diagnosis of endometriosis
Misdiagnosis leading to inappropriate treatment
Failure by a GP to refer to a specialist
Failure by hospital clinicians to investigate symptoms
Claims may relate to -
NHS or private healthcare
Treatment received as an adult or child
Fertility damage, disease progression, or avoidable surgery
How We Help – Our Approach
Our approach is thorough, evidence-based and focused on achieving the best possible outcome for you.
We will -
Obtain your full GP and hospital records
Instruct independent gynaecology experts to assess whether your care fell below an acceptable standard
Identify breaches of duty, such as failure to investigate or refer
Establish causation, showing how an earlier diagnosis would have avoided or reduced harm
Quantify your losses, which may include the following -
Pain and suffering
Loss of fertility
Psychological injury
Loss of earnings
Future treatment and care needs
Where appropriate, claims are pursued on a No Win No Fee basis.
Elaine EdwardsI would like to say how eternally grateful I am for the service that Lisa has given us through this devastating time of losing my mum.
Lisa has been completely honest and upfront from the start with what to expect, and "held our hand" all the way
Whenever I needed to contact Lisa she would either answer straight away or get back to me very quickly. I do believe that Lisa is a credit to Forbes and would highly recommend her
AnonymousForbes have been our legal team for the past 6 years and John Bennett has been the solicitor for our case. The amount of work and dedication carried out from John has been immense. We have settled this case knowing my child will be set for life and have everything we will ever need. I feel very lucky to have found a solicitor so passionate about what he does. There isn’t anything in this world we could thank John with but, from the bottom of our hearts. THANK YOU SO MUCH!!!!
Michelle MossLeonie was Very thorough and guided me through all the process from start to finish. Nothing was to much trouble. We won the case and hopefully because of her hard work and dedication we will see some improvements within the NHS
AnonymousJohn Bennett at Forbes has been patient, supportive and understanding. From the outset I felt that my case was in safe hands. Throughout the process I have found that John is happy to explain terminology and procedures so that I have felt reassured and comfortable.
Lisa BromilowI dealt with Lisa Atkinson from the Blackburn branch. Lisa was always open and honest with regards to what we could expect from the case. Always quick to respond to any query we had, updated us along the way and was always professional. I found her to be very thorough in all dealings that we had with her, and would not hesitate to use again. Thank you
Endometriosis FAQs
Claiming for Clinical Negligence and Endometriosis may sometimes seem like a complicated or confusing process, which gives rise to a number of questions and queries. Read our FAQs to get all the basic information that you need about clinical negligence and endometriosis.
Can I claim if my diagnosis took years?
Yes. Delay alone can amount to negligence if a competent clinician should have investigated or referred you earlier.
What if my symptoms were repeatedly dismissed?
Dismissal of persistent or worsening symptoms may breach a doctor’s duty of care, particularly if no proper assessment was carried out.
Can I claim for fertility problems caused by endometriosis?
Yes. Loss of fertility or reduced reproductive options are recognised heads of damage in endometriosis negligence claims.
How long do I have to make a claim?
In most cases, you have three years from the date you became aware that negligent care caused you harm.
Will my case go to Court?
The majority of clinical negligence claims settle without the need for a trial.
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