Injuries During A Hysterectomy

When Does It Become Clinical Negligence and How to Claim Compensation

A hysterectomy is generally considered a safe surgical procedure, so do injuries happen during a hysterectomy and when is it clinical negligence ? A hysterectomy is a common operation which is performed to remove the uterus.

It is typically recommended to treat different health issues. This may include endometriosis, heavy menstrual bleeding, fibroids and even some cancers.

Like all surgeries, it does carry risks and not all injuries which may occur during surgery will fall under clinical negligence. However, there are some instances when negligence will apply.

This is particularly when the standard of care falls below what is expected of a competent medical professional. Additionally, that this breach in care caused the injury.

If you believe you have suffered from harm due to clinical negligence during a hysterectomy, you may want to find out more about a potential claim for compensation.

What Is a Hysterectomy?

A hysterectomy is a surgical procedure to remove the uterus, and in some cases, the cervix, fallopian tubes, and ovaries. The three main types of hysterectomy are:

 

 

• Total hysterectomy – removal of the uterus and cervix.
• Partial (subtotal) hysterectomy – removal of the uterus but leaving the cervix intact.
• Radical hysterectomy – removal of the uterus, cervix, part of the vagina, and surrounding tissues (usually for cancer).

These procedures may be carried out through different surgical approaches, such as abdominal, vaginal, or laparoscopic (keyhole) surgery. Once a hysterectomy has been performed, a woman is unable to fall pregnant.

Common Injuries That May Occur During Hysterectomy Surgery

While hysterectomy is a routine surgery for many gynaecologists, complications may still occur. Some of the most common injuries associated with the procedure include:

Bladder or Ureter Injuries

The bladder and ureters are close to the uterus which makes them susceptible to damage during surgery. Injuries may result in:

• Leakage of urine into the abdomen
• Urinary incontinence
• Kidney damage due to ureteral obstruction

Bowel Injuries

Accidental damage to the intestines can occur, particularly in laparoscopic procedures. If not quickly identified, this can lead to peritonitis, sepsis, and long-term bowel dysfunction.

Vascular Injuries

Major blood vessels near the uterus may be nicked or cut during surgery, leading to:

• Excessive internal bleeding
• Need for blood transfusion
• Shock or even death if not promptly managed

Infection

Although infection is a known risk, some infections may set in due to poor surgical technique or hygiene standards.

Nerve Damage

Injury to the pelvic nerves can cause:

• Chronic pain
• Numbness
• Bladder or bowel control issues

Retained Surgical Instruments

On rare occasions, surgical tools such as sponges or clamps may be accidentally left inside the body.

When Is It Considered Clinical Negligence?

Not all injuries or complications during a hysterectomy will indicate negligence. Surgery carries inherent risks, and a poor outcome does not automatically mean there was wrongdoing. However, you may have a valid claim for negligence if:

The care provided fell below a reasonable standard expected of a competent medical professional.

This breach directly caused harm or injury that otherwise would not have occurred.

Here are some examples which may constitute clinical negligence:

• Failing to identify and repair a bladder or bowel injury during surgery
• Inadequate preoperative assessment that overlooks significant risk factors
• Performing surgery on the wrong patient or removing the wrong organ
• Using inappropriate or outdated surgical techniques
• Delaying diagnosis or treatment of post-operative complications
• Failure to obtain informed consent, including explaining the risks and alternatives

To establish negligence, you should be able to show that the medical professional or team failed to provide a competent duty of care. As a result, this breach caused the injury or worsened your condition.

What to Do If You Suspect Clinical Negligence

If you believe you have suffered injury due to negligence during a hysterectomy, here’s what you should do next:

Seek Medical Attention

If you are still experiencing symptoms or complications, consult another doctor or specialist to access the correct treatment and ensure your health is protected

Request Your Medical Records

You have a legal right to access your medical records. These can provide important evidence of what happened during your surgery.

Other Documents

Keep a detailed record of:

• Your symptoms and injuries
• Dates of appointments and treatments
• Any correspondence with healthcare providers

Speak to a Clinical Negligence Solicitor

Find a legal professional who specialises in clinical negligence cases. A solicitor will assess whether your case meets the criteria for a claim and help gather the necessary evidence.

Making a Clinical Negligence Claim For Compensation

The general time limit to make a medical negligence claim is three years from the date of the negligent act. Or it can also be from the date you became aware that the injury was caused by negligence. For minors, the three year limit starts on their 18^th birthday. For those lacking mental capacity, there is no time limit unless capacity is regained.

Compensation is designed to restore you as far as possible to the position you were in before the negligence occurred. So, you may be entitled to claim for:

• Pain and suffering
• Loss of earnings (past and future)
• Cost of medical treatment and care
• Psychological trauma
• Out-of-pocket expenses, such as travel or home adaptations

While most hysterectomies are carried out successfully, if you have suffered harm due to a hysterectomy, you may want to file a claim.

Jefferies Claims can guide you through this process. We work with highly experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis and we will give you the support and understanding you need at this difficult time. Call us now at 0333 358 3034 or visit Jefferies Claims Contact Us Page for a free, no obligation consultation.