The condition involves tissue similar to the lining of the womb growing in other places, such as the ovaries and fallopian tubes, causing chronic pain and discomfort. Unfortunately, it is a long-term condition with no cure at present; but positive change is upon us.

Despite its prevalence, misdiagnosis for endometriosis is common and treatment tends to be delayed. It is inherently difficult to diagnose because the symptoms share similarities with other conditions such as Polycystic Ovary Syndrome and Irritable Bowel Syndrome.

For many women, getting diagnosed can be exhausting, with endometriosis often dismissed as ‘women’s troubles’. A recent study showed women are left feeling dismissed, disempowered and demotivated when trying to access help and support..

Olivia Dent is a Trainee Solicitor, Balfour+Manson

Currently it takes on average a staggering 8.5 years to get a diagnosis in Scotland. Women’s reproductive health is chronically underfunded, hence why this condition is only being explored and recognised in recent years.

The growing awareness began in August 2021 in Scotland, when public health minister Maree Todd introduced a 68-page plan in a bid to expand healthcare provisions for women. This was ground-breaking as the UK’s first Women’s Health Plan.

A four-point plan has been introduced to combat endometriosis. It aims to establish a baseline standard for endometriosis care and support, facilitate relationships between healthcare services and other clinical networks, increase menstrual wellbeing education in schools and, build endometriosis awareness. The ultimate goal is faster diagnosis.

Researchers have been awarded nearly £250,000 by Wellbeing of Women and the Scottish Government to investigate a new drug called dichloroacetate to see if it is an effective treatment for endometriosis. This research is being conducted by universities of Edinburgh and Aberdeen, who are paving the way into this essential research into endometriosis. If successful, the drug could be the first ever non-hormonal and non-surgical treatment for endometriosis – the first new treatment in 40 years. At present, current treatments offered to alleviate symptoms are limited to hormone therapy, general pain relief medication or laparoscopic surgery.

From a legal perspective, the wider impact on female reproductive health must be considered, such as quality of life, inability to work due to pain, and fertility issues. Early intervention can be life-changing on women’s fertility. In Scotland, to prove medical negligence in a patient’s care, it is necessary to satisfy the test set out by Hunter v Hanley.

This requires proving that a medical professional has followed a course which no ordinarily competent professional would have done, if using ordinary skill and care. If, for example, early intervention and treatment was available and could have been offered and a medical professional failed to do so, a decision no other medical professional would have made, this could give rise to a claim in medical negligence.

It is also necessary to satisfy a second test, that on the balance of probabilities, injuries suffered are a result of that delay. These will undoubtedly include a longer time enduring chronic pain and fatigue and may include the lack of early intervention and/or treatment, causing infertility.

As a female-led team, we have been inspired by this research and are dedicated to support women in navigating the legal issues surrounding their health. endometriosis can no longer be regarded as unknown territory for health professionals. Ultimately, Maree Todd was correct when she said: “Women’s health is not just a women’s issue.”

We’re making legal and medical progress on endometriosis - Olivia Dent