The Scotsman

We’re making progress on endometrio­sis at last

◆ Deblitatin­g condition is no longer unknown territory, says Olivia Dent

- Olivia Dent is a Trainee Solicitor, Balfour+manson

For decades, en dome trios is has been a debilitati­ng mystery, leaving up to one in ten women of reproducti­ve age suffering in silence or being ignored.

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. It is a long-term condition with no cure at present; but positive change is upon us.

Misdiagnos­is is common and treatment tends to be delayedsuc­h as Polycystic O vary 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..

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 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 dichloro acetate to see if it is an effective treatment. If successful, the drug could be the first ever non-hormonal and nonsurgica­l 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. In Scotland, to prove medical negligence in a patient’ s care, it is necessary to satisfy the test set out by hunterv 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 en during 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, Mare et odd was correct when she said: “Women’s health is not just a women’s issue.”

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