Women's Health guide · England & Wales

Medical negligence in women's health:a complete guide to claiming

How women's health negligence claims work in England and Wales — who can claim, common claims, time limits, what compensation covers and the steps involved.

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In short

A women's health claim is a medical negligence claim. You need to show your care was substandard and caused avoidable harm. Most claims have a three-year time limit, with exceptions. Compensation covers the injury and your financial losses, and we act on a No Win No Fee basis across England and Wales.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

Figures verified with NJS Law on 9 November 2026.

1What is a women's health negligence claim?

Medical negligence in areas such as gynaecology, maternity, breast and gynaecological cancer diagnosis, and endometriosis. Your care is judged against the Bolam and Bolitho standard, and a claim needs a duty of care, a breach and harm caused by that breach.

2Could you be entitled to compensation?

You may have a claim if your care was substandard, it caused avoidable harm, and you are within the time limit. Common scenarios include:

  • Delayed cancer diagnosis
  • Birth injuries to mother or baby
  • Surgical errors
  • Vaginal mesh complications
  • Sodium valproate exposure in pregnancy
  • Long delays in diagnosing endometriosis

You can also claim on behalf of a child or a relative who has died.

3How long do I have to make a claim?

SituationTime limit
Adult3 years from treatment or date of knowledge
Child or birth injuryUntil age 21
Lack of mental capacity from the date of injuryDoes not start until capacity returns; if capacity is lost later, the time limit keeps running
Fatal claim3 years from death or knowledge

4How much compensation can I claim?

Type of harmIndicative range
Delayed treatable cancerDepends on severity: ask us for an estimate
Severe maternal birth injuryDepends on severity: ask us for an estimate
Cerebral palsy / severe brain injury£289,420 to £533,720
Vaginal mesh complicationsDepends on severity: ask us for an estimate
Loss of fertilityDepends on severity: ask us for an estimate
Psychological injury£2,040 to £152,900

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

Free downloadMedical Negligence in Women's Health GuideFree PDF: we'll email and text you a private link.

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5How do I make a claim?

Step 1Free case assessmentA free, confidential call to find out whether you have a claim and how it can be funded.
Step 2Funding agreementA No Win No Fee agreement, with After the Event insurance to cover costs if the claim fails.
Step 3Investigating your careWe obtain your records and independent experts assess breach and causation.
Step 4Letter of ClaimThe provider has four months to investigate and respond under the pre-action protocol.
Step 5Negotiation and settlementMost claims settle without court. Straightforward claims may take 12 to 24 months; complex birth injury claims can take years, often with interim payments.

6Why choose NJS Law?

We only act for patientsWe never represent hospitals, insurers or defendants.
No Win No Fee — clear and transparentFees are explained before you sign anything.
Sensitive, specialist handlingPersonal claims handled with discretion and care.
Regulated and ratedSRA regulated (No. 8006550) and rated 4.8 on Trustpilot.

7Frequently asked questions

How long do I have to make a claim?
Claim typeUsual time limit
Personal injury3 years from the accident or date of knowledge
Medical / dental negligence3 years from the negligence or when you became aware of the harm
ChildrenUntil their 21st birthday
Always seek advice as early as possible to protect your rights.
Will I have to go to court?
Most claims settle out of court. Only a small percentage go to trial — and if yours does, we'll represent and support you every step of the way.
What counts as women's health negligence?
Substandard care in areas that mainly or disproportionately affect women, causing avoidable harm.
Can I claim for a delayed cancer diagnosis?
Possibly, if symptoms or results weren't handled reasonably and this caused avoidable harm.
Can I claim for a birth injury to me or my baby?
Yes — for maternal injuries and for a child's injuries, with a parent acting for the child.
What does No Win No Fee mean?
Nothing upfront and nothing if the claim fails; if it succeeds, a success fee is deducted from your compensation.

8More on women's health claims

Maternity & birth injury
Cancer misdiagnosis
  • Breast cancer misdiagnosis
  • Ovarian cancer misdiagnosis
  • Bowel cancer misdiagnosis
Endometriosis & gynaecology
  • Endometriosis negligence
  • Endometriosis misdiagnosis
Mesh & medication
  • Vaginal mesh claims
  • Sodium valproate claims
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