Hysterectomy Compensation Claims

A hysterectomy is one the most frequently performed major gynaecological surgical procedures in the UK and the world over. While it is relatively safe, patients are nonetheless exposed to inherent risks as well as the possibility of medical negligence before, during and after the surgery.

If you believe that your hysterectomy was carried out in a negligent manner, or you received negligent medical care or treatment, you could be entitled to make a hysterectomy compensation claim.

A negligent hysterectomy could result in serious and long term pain, discomfort, and even impaired movement and mobility which may have significant consequences to both your personal and professional life. The negligence may be associated with a lack of consent to a full or partial hysterectomy being carried out.

Medical professionals owe their patients a “Duty of Care”. Therefore should a GP, surgeon, anesthetist or other medical professional be negligent in their assessment and recommendation of a hysterectomy, or the hysterectomy surgery was carried out negligently, you could be entitled to compensation for the harm your sustained, for any future medical treatment required and for your financial losses including loss of earnings.

For more information on our hysterectomy compensation service, or to start your free case evaluation contact our ‘No Win No Fee’ medical negligence solicitors today on  0333 577 9444, email [email protected] or complete our online form.  We are experienced in helping women throughout the UK obtain compensation for negligent hysterectomies and gynaecological negligence.

Negligence and Errors Often Associated With a Hysterectomy Procedure

If you have been the victim of medical negligence during a hysterectomy, making a compensation claim is often the only option you have to obtain the justice you deserve. Victims are often left in immense physical pain, emotional distress, financial difficulty, and at risk of other medical problems.

Some examples of negligence before, during and following a hysterectomy are as follows:

  • Surgical Errors: This is arguably the most common example of negligence associated with a hysterectomy. It involves suffering from avoidable errors made during the surgical procedure such as puncturing the bowel or bladder. However, not all surgical complications are due to negligence. For example, someone who has extensive scar tissue is at an increased risk of bladder perforation. Negligence may arise if the surgeon or other medical professional failed to identify and manage the complication correctly.
  • Other surgical errors which can occur is the ureter being cut during a hysterectomy.
  • Human Error: This includes negligent assessments and poor hygiene procedures.
  • Misdiagnosis Errors: A General Practitioner may have made an incorrect, delayed, or incomplete diagnosis which may have subsequently necessitated a hysterectomy or the GP or Gynecologist may have advised the patient to have a hysterectomy, which may have actually been unnecessary.
  • Anaesthetist Negligence: Anesthetists play a crucial role in surgeries by providing pain relief and managing function such as heart rate, blood pressure, and body temperature. However, anaesthesia errors can occur before, during and after the procedure and these may result in severe repercussions and even disability.
  • Complications resulting from Poor Post-Operative Care: Another relatively common example of negligence is the failure to monitor the patient following a hysterectomy eg for signs of blood loss or infection.
  • Failure to obtain consent from the patient: The hysterectomy may have been performed during surgery associated with another condition and therefore the patient would not have been in a position to provide consent.

Each hysterectomy compensation claim has a unique set of circumstances leading to avoidable harm. To find out if you could obtain compensation for negligent diagnosis, care or surgery associated with a hysterectomy, contact our claims experts today.

Our experienced gynaecological claims solicitors have obtained compensation for patients throughout England and Wales, and we could help you obtain justice and compensation for the mistakes or negligence of a medical professional in the NHS or a private hospital. For more information on making a ‘No Win No Fee’ medical claim for negligence or errors associated with your hysterectomy, or to start your free case evaluation, call us today on  0333 577 9444, email [email protected] or complete our online form.

Read Our FAQs

A hysterectomy is defined as ”a surgical procedure to remove the womb (uterus). Women who undergo this surgical procedure can no become pregnant or menstruate.

A Hysterectomy is common among women between the ages of 40 and 50, although it can be carried out for younger or older women. A  2018 study published in the International Journal of Obstetrics & Gynaecology noted that over 60,000 hysterectomies were performed every year in the United Kingdom. However the likelihood of being referred for a hysterectomy varied in the UK and in an article appearing in the Journal of Mid-Life Health it was noted that  ”Within the UK, rates vary widely between regions, and between hospitals within the same region, and even between consultants within the same hospital.

Hysterectomies are recommended to help alleviate suffering or treat a variety of female reproductive health problems—including:

  • Uterine fibroids – non-cancerous growths around the uterus
  • Abnormal uterine bleeding
  • Endometriosis
  • Chronic pelvic pain – also known as dysmenorrhea
  • Pelvic inflammatory disease due to bacterial infections
  • Uterine prolapse and other pelvic support problems due to a damaged pelvic floor or loose ligaments.
  • Gynaecological cancer (cervical, fallopian tube, uterine, or ovarian cancer)

Types of Hysterectomies

There are types of hysterectomies depending on the extent of the procedure:

  • Total Hysterectomy: This is when both the cervix and womb are completely removed. It is often preferred because it removes the risk of cervical cancer. If there is a significant risk of cancer eg. where there is as a family history of ovarian cancer—a total hysterectomy with bilateral salpingo-oophorectomy may be necessary. Under this procedure, the ovaries and fallopian tube are removed in addition to the womb.
  • Partial/Subtotal/Supracervical Hysterectomy: Unlike a total hysterectomy, this procedure removes the upper part of the womb (main body) and leaves the cervix (neck).
  • Radical Hysterectomy: This is a type of hysterectomy whereby the womb and structures around the uterus are removed—including the ovaries, fallopian tubes, part of the vagina, fatty tissue, and lymph glands. It’s often a last-resort treatment for cancer after radiotherapy and chemotherapy.

Although medical advances have significantly mitigated the risks associated with hysterectomies, complications still occur. The following are some risks of hysterectomies carried out in the NHS or a private facility:

  • General anesthetic: According to the NHS, there is a 1 in 10,000 risk of an allergic reaction, nerve damage, and similar complications after a general anesthetic. In very rare cases, there is also a risk of death.
  • Bowel, bladder, ureter damage: Patients may suffer damage to abdominal organs—resulting in a need to urinate frequently, incontinence, or infection. These complications can often be identified and repaired during the surgical procedure—with failure to do so deemed as medical negligence.
  • Infection: There is always a risk of infection following a surgical procedure—whether minor or major. A hysterectomy compensation claim may be brought when a healthcare professional fails to promptly or adequately identify and treat the infection.
  • Blood clots of excessive bleeding: Hemorrhage (heavy bleeding) or thrombosis (blood clots) can occur after a hysterectomy and failure to assess the risk may reflect negligent care.
  • Vaginal problems: From prolapse to slow wound healing, there are risks of vaginal problems—especially if the procedure was a vaginal hysterectomy.

Consent during a hysterectomy typically involves both the signing of a form and the provision of adequate information on all the risks, the procedure, and the alternative treatment options. The patient should be in a position to make an informed decision as to whether or not to have a hysterectomy.

Failure to obtain consent from a patient before carrying out a hysterectomy is generally considered medical negligence and you may be entitled to make a compensation claim.

Medical negligence or mistakes associated with a hysterectomy or other gynaecological treatment or surgery can have devastating effects on a woman – both physically and emotionally.

Therefore calculating compensation for such mistakes can be a complex process. For more advice or to obtain a potential compensation figure, please contact Devonshires Claims for a free case evaluation.

There are two types of compensation or ‘damages’ awarded to victims of medical negligence. These are:

  • General damages
  • Special damages

General damages

General damages reflect the harm and injury that you sustained and the impact on the quality of your life. This includes your pain and suffering, emotional trauma and the impact on activities that you previously enjoyed.

Special damages

Special damages reflect your financial losses – past, current and future- resulting from the medical negligence.

These often include:

  • Personal care and assistance needs
  • Accommodation and home adaptation costs
  • Travel costs – to and from health providers
  • Restorative Medical treatment – you can recover costs for private medical care and treatment even if the negligence occurred in an NHS facility.
  • Medication costs
  • Loss of earnings including loss of promotion
  • Other miscellaneous financial losses

Calculating compensation for medical negligence can be a complex process. Devonshires Claims’ experts have supported clients in obtaining the maximum compensation payment by carefully determining the impact of the injury on their health and well being and future earnings capacity. This calculation should be determined by specialist medical negligence solicitors who have experience in supporting clients with varying financial and employment circumstances eg. Self-employment.

 

If we believe that you have the grounds for a hysterectomy compensation claim, we will support you by providing a ‘No Win – No Fee’ agreement. This means that you will not be charged any upfront legal costs in order to start your claim and if your claim is not successful, you will not incur any costs*.

 

Contact our hysterectomy claims solicitors today

Unfortunately hysterectomy negligence and errors do occur throughout the NHS and in private hospitals.

By taking the steps to start your compensation claim, you have the opportunity to:

  • Help prevent similar harm from occurring to other patients
  • To make the health authority acknowledge the mistakes made
  • and to secure the justice and compensation you deserve.

For a free case evaluation of your potential hysterectomy negligence claim, contact our experienced and compassionate medical negligence solicitors today. We will deal with your claim with sensitivity and keep you informed at every stage of the legal process.  Call us today on Call 0333 577 9444, email [email protected] or complete our online form.

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