No Win, No FeeProblems caused by vaginal mesh complications can be both painful and embarrassing. If you’ve suffered as a result of medical negligence linked to vaginal mesh treatment, you could be entitled to claim compensation. This article on vaginal mesh compensation claims will set out the types of negligence that could result in a claim. We’ll also consider how much compensation can be paid for vaginal mesh injuries.
You don’t have to deal with things on your own. We’re here to help and will offer a no-obligation consultation if you call our advice line. A specialist will review your case with you and explain your legal rights. If your claim is suitable and you wish to proceed, one of our medical negligence solicitors will manage your case on a No Win No Fee basis. This means that legal fees are not paid unless you receive compensation.
For more information about vaginal mesh claims, please continue reading. If you’re ready to discuss your claim, please call 0800 652 1345 today.
What is a vaginal mesh implant?
A vaginal mesh implant can be used for two different conditions: stress urinary incontinence and pelvic organ prolapse. In the UK, vaginal mesh implants started to be used in the mid-1990s.
To help prevent urine leakage, vaginal mesh implants (usually a thin layer of tape) are placed beneath the urethra to keep it in place. For pelvic organ prolapse, the implant is placed in the pelvic floor to support different organs or the vaginal wall.
Transvaginal mesh implants will vary in size depending on their function and are often made of polypropylene. Implants are designed to be permanent once inserted.
In 2018, the government accepted the findings of an independent report and paused the use of vaginal mesh implants. They are not completely banned but can now only be used as a last resort.
Common complications of vaginal mesh implants
Unfortunately, the insertion of vaginal mesh was relatively common prior to the 2018 ban. According to NHS records, between the financial years 2008/9 and 2016/17 over 127,000 procedures were carried out:-
- 100,516 patients had the procedure for stress urinary incontinence (tape insertions)
- 27,016 patients and the mesh fitted for urogynaecological prolapse (vaginal mesh)
While many of the complications have taken years to emerge, there is now greater knowledge about the potential side effects. Reports suggest that the mesh material has shrunk and hardened sometime after the initial operation. Consequently, this has led to an array of complications including:-
- Chronic pain in the abdomen/pelvic area.
- Bleeding.
- Difficulty/inability to walk.
- Bladder infection.
- Bladder perforation.
- Haematoma.
- Vaginal erosion/scarring.
- Bowel and nerve trauma.
- Incontinence.
- Mesh erosion/protrusion.
Some of the symptoms associated with vaginal mesh complications include:
- Vaginal or pelvic pain.
- New or worsening bladder and bowel problems.
- Painful sexual intercourse.
Some of the problems caused by vaginal mesh implants may not present until years after surgery.
Can I claim compensation for vaginal mesh complications?
If you have experienced complications due to vaginal mesh surgery that resulted from medical negligence or defective mesh or tape, you may be entitled to claim compensation. Before taking on a vaginal mesh compensation claim, a medical negligence solicitor on our panel may review your case to look for:
- Breach of duty. This is a test to see whether a responsible group of urologists or gynaecologists would have treated you differently from the way your surgeon did. This is called the Bolam test.
- Medical causation. Where there is a clear link between your injuries and the breach of duty.
Importantly, the Bolam test would be based on information available to your surgeon at the time of your surgery i.e. you cannot sue them for problems that weren’t known about at the time but are now.
As you can see, vaginal mesh compensation claims can be complex and involve technical medical and legal arguments. We believe you’ll find the claims process less stressful if you work with a solicitor on our panel who’ll manage the whole case from start to end on your behalf.
The best way to find out if you could be entitled to start a vaginal mesh compensation claim is to call our team today.
What types of negligence could lead to a compensation claim?
Some examples of the types of medical negligence that could result in vaginal mesh compensation claims include:
- If you were not told about any known risks associated with vaginal mesh implants.
- Where other forms of treatment were not considered.
- If your questions were not answered properly during your consultation.
- If your concerns about pain following treatment were disregarded.
- Where the vaginal mesh implant was inserted incorrectly.
- Poor aftercare advice or treatment.
If any of the first three examples listed above are true in your case, it could be argued that you could not provide informed consent to the operation. This could entitle you to claim compensation for your suffering.
Additionally, you may have grounds to pursue a claim if you can prove that on the grounds of probability, you would’ve opted for another form of treatment (or no treatment at all) had you been given more information before your surgery.
Please get in touch on 0800 652 1345 if you believe you may have a claim.
Can I claim if I had vaginal mesh surgery at a private hospital?
A medical negligence lawyer on our panel could help you claim compensation for vaginal mesh injuries whether your surgery was performed by the NHS or privately. So long as it can be shown that your problems were caused by negligent treatment, we could help you to begin a claim.
How much compensation for a vaginal mesh claim?
A medical negligence solicitor will always try to understand exactly how you’ve suffered before submitting a vaginal mesh compensation claim. Their aim will be to secure the compensation needed to cover all forms of psychological, physical and financial suffering.
When claiming compensation, there are two specific types of damages:-
General damages
The best way to describe general damages is:-
“Compensation for pain, suffering and the detrimental effect on quality-of-life”
Aside from physical injuries, mental injuries will also be taken into account when calculating general damages. There are set guidelines, known as the Judicial College Guidelines, for general damages that are fairly rigid and based on previous compensation awards.
Special damages
There is significant scope for discretion by the courts when considering special damages, assuming no out-of-court settlement. This can take in:-
- Past financial losses.
- Future financial losses.
- Travel expenses.
- Medical treatment.
- Adaptions to the home.
- Long-term assistance.
- Specialist equipment.
A key role played by your solicitor is to secure a fair level of compensation for you. If you’d like to find out more about what compensation you could receive, please call today.
Providing proof for vaginal mesh compensation claims
To support a vaginal mesh compensation claim, it is important to gather relevant proof to show how you suffered and why the defendant was to blame for that suffering. Some of the types of proof that might be used include:
- Medical records. Your solicitor will ask for copies of any medical information from before and after your vaginal mesh surgery. This could help to clarify what went wrong and why you received vaginal mesh surgery.
- Witness statements. Friends and family members might be asked by your solicitor to describe how you’ve suffered as a result of medical negligence.
- Financial records. If you’d like to claim back lost earnings or other costs linked to your vaginal mesh treatment, you should send your solicitor proof of those costs. This can include receipts, bank statements and wage slips.
- A personal statement. This could include details of what discussions you had before being treated. Also, you could keep a record of any dates where your injuries affected you i.e. when you couldn’t work or attend family events.
- Psychological impact proof. If you have experienced emotional distress, anxiety, depression, or any other psychological injury as a result of the vaginal mesh implant, maintain records of therapy sessions, psychiatric evaluations, or prescribed medications.
- Independent medical reports. A medical expert will be asked to produce a report relating to how you’ve suffered. This report can help your solicitor to determine the appropriate level of compensation for your injuries.
If your vaginal mesh claim proceeds, your solicitor will try to find the proof needed to substantiate your allegation of medical negligence. If you have any proof already, please get in touch.
No Win, No Fee claims
We know that taking on the cost of legal representation in a medical negligence claim can be prohibitive. That’s especially true if your injuries are stopping you from working. We also believe, though, that having a specialist solicitor on your side can help it easier to navigate the often complex legal procedures involved in claiming. For that reason, the solicitors on our panel offer a No Win, No Fee service for vaginal mesh compensation claims.
So that they can work without being paid upfront, your solicitor will send you a Conditional Fee Agreement (CFA) to sign. This contract will show you that:
- You don’t pay legal fees at all if the vaginal mesh claim is lost.
- Your solicitor will only receive a success fee from you if compensation is paid.
The success fee is a deduction from your compensation. It is legally capped at 25 per cent of your settlement when using a CFA.
Once the contract has been signed, your solicitor’s work typically involves:
- Obtaining medical evidence to prove your case.
- Write to the defendant or their insurers to let them know you’re claiming vaginal mesh compensation.
- Handle all queries, objections or arguments on your behalf.
- Let you know how the case is progressing regularly.
- Try to ensure that any compensation offer that’s made is fair and covers your suffering in full.
You can check if a solicitor from our panel could help you by calling us today.
Vaginal mesh compensation claim time limits
Vaginal mesh compensation claims for medical negligence have a 3-year time limit. This would usually start from the day the vaginal mesh surgery took place or from when you became aware of the problems the surgery has caused (your date of knowledge).
So that you’re claim isn’t statute-barred (meaning you wouldn’t be able to claim), it’s best to contact us as soon as your problems have been diagnosed. Your solicitor will work as fast as they can to collect the proof and file your claim in an effort to secure a swift settlement on your behalf.
Start a vaginal mesh compensation claim today
If you have any questions about lodging a vaginal mesh claim, please call 0800 652 1345 to talk to us. We’ll review your claim with you and explain your options on a no-obligation basis.
If you do decide to take action and your advisor believes that you’ve got a fair chance of making a successful claim, you’ll be referred to a medical negligence solicitor on our panel. If they offer to represent you, they’ll work on a No Win, No Fee basis.
Please use live chat to connect with us if you’ve any further questions on vaginal mesh compensation claims, or claim your free consultation here.
