A hysterectomy is a major operation which isn’t an easy decision for any woman. It entails consequences like early menopause and an inability to have children. Therefore, such a procedure needs to be handled delicately. A lack of care or precautions could make this already precarious experience even more challenging. If there are any avoidable errors or harm during the surgery, you may be eligible to seek compensation through a hysterectomy negligence claim.

Our guide will cover what exactly a hysterectomy is and the ways in which it is performed. We also give examples of how this operation could go wrong, and we address the importance of medical consent. The risks of the procedure and the eligibility for a negligence claim are outlined, along with the claims process. We then explain how your compensation may be valued and how to get in touch with the No Win No Fee solicitors from our panel. 

Contact our team now for more information on medical negligence claims:

• Call at 03301230546.
• Contact us online.

Jump To A Section 

1. What Is A Hysterectomy Negligence Claim?
2. The Three Main Hysterectomy Methods
3. Are There Potential Risks For Hysterectomies?
4. Am I Eligible To Make A Hysterectomy Negligence Claim?
5. Average Compensation For Medical Negligence Hysterectomy Cases
6. What Evidence Do I Need To Prove My Hysterectomy Was Negligent?
7. How Long Do I Have To Start My Claim?
8. No Win No Fee Medical Negligence Hysterectomy Claims
9. Learn More

What Is A Hysterectomy Negligence Claim?

A hysterectomy is a very invasive procedure which involves the surgical removal of the womb. After this procedure, the person is unable to have children. This surgery is often performed to treat the following conditions:

• Heavy periods
• Fibroids or non-cancerous tumours
• Cancer in the Fallopian tubes, cervix, ovaries or the womb.
• Endometriosis
• Pelvic organ prolapse

Since the recovery time after a hysterectomy is long, this procedure is considered only after less invasive procedures have failed.

All medical professionals have a duty of care towards their patients. They must provide a proper standard of care and treatment to avoid unnecessary harm. However, a healthcare provider may deviate from this standard. This could cause avoidable harm or injury before, during or after the hysterectomy. This is known as hysterectomy negligence and could lead to a compensation claim.

In the section below, we’ll discuss some examples which could form the basis of a hysterectomy negligence claim.

Examples Of Hysterectomy Medical Negligence

Here are some instances of hysterectomy medical negligence:

• Anaesthetic Errors: Administering the incorrect dosage of anaesthesia could lead to drastic consequences. An insufficient dosage of anaesthesia could lead to chronic pain and incomplete recovery, while an excess could cause organ collapse or death.
• Surgical puncturing of the bowel or bladder.
• Poor hygiene during the operation can lead to infection.
• Failure to monitor the patient carefully after the surgery, leading to complications like excessive bleeding.
• Incorrect placement of birth control which can cause a need for hysterectomy.
• If irritable bowel syndrome (IBS) is misdiagnosed as ovarian cancer, the doctor may perform an unnecessary hysterectomy.
• A health professional may have delayed the diagnosis of ovarian cysts, necessitating a hysterectomy. If the cysts had been diagnosed on time, such an invasive procedure could have been avoided.

Unnecessary Hysterectomies Caused By Negligence

Undergoing an unnecessary hysterectomy could be devastating, especially if you were planning to have children at some point. As discussed in an example above, you may have had a hysterectomy due to a diagnosis which turned out to be incorrect. 

Another example is that your doctor may have performed the operation without your consent. They may have done this to treat heavy bleeding without considering any alternatives.

Speak to our advisors now if you’ve undergone a forced or unnecessary hysterectomy.

The Three Main Hysterectomy Methods

There are 3 ways of performing a hysterectomy:

• Laparoscopic Hysterectomy: Also known as keyhole surgery, the surgeon makes a small incision on your abdomen through which they insert a laparoscope and a tiny camera. A laparoscope is a small tube containing a telescope that allows your surgeon to view your internal organs. Your womb, cervix and other parts of your reproductive system are removed through instruments inserted into incisions on your abdomen or vagina. General anaesthesia is used in this method of hysterectomy.
• Vaginal Hysterectomy: The surgeon makes an incision on the vagina, through which the cervix and womb are removed. This incision is then sewn up after the procedure. You may get the option of general, local or spinal anaesthesia. This method is generally preferred over an abdominal hysterectomy since it’s less invasive and has a quicker recovery time, reducing the duration of the hospital stay.
• Abdominal Hysterectomy: This involves an incision on the abdomen to remove the womb under general anaesthesia. Your doctor may recommend this method if your ovary needs to be removed or your womb is enlarged due to fibroids and cannot be removed vaginally.

Contact us now to claim compensation for surgical negligence.

Are There Potential Risks For Hysterectomies?

Like all surgeries, a hysterectomy may also involve certain risks or complications, such as:

• Bleeding
• Anaesthetic error
• Blood clots
• Vaginal issues
• Ovarian failure
• Infection
• Bowel or bladder damage
• Early menopause

All health professionals are required to obtain their patients’ informed consent for any medical procedure. They are supposed to make you aware of these risks and their likelihood before performing the hysterectomy. However, the awareness of these risks doesn’t preclude you from making a hysterectomy negligence claim if you suffer unnecessary harm. You just need to establish how the health professional failed to provide a proper standard of care and treatment to you.

If you feel that you weren’t informed of these risks properly, speak to our advisors now to claim compensation.

Am I Eligible To Make A Hysterectomy Negligence Claim?

You might be eligible to claim for hysterectomy negligence. However, you will need to meet the eligibility criteria.

There are many situations where other people are responsible for your safety and health. This responsibility is what is known as a duty of care. As discussed above, every health professional, including surgeons, doctors, nurses, GPs and technicians, has a duty to maintain proper standards of treatment.

Therefore, you need to prove the following in order to have an eligible hysterectomy negligence claim:

• A healthcare professional had a duty of care towards you, or you were receiving treatment from them.
• They breached this duty by providing substandard treatment or acting negligently.
• You suffered unnecessary or avoidable harm due to this breach.

Call us now for a free consultation to discuss whether you have an eligible claim.

Average Compensation For Medical Negligence Hysterectomy Cases

Your hysterectomy compensation could cover a range anywhere between £28,250 and £224,790, although this amount would vary on a case-by-case basis. These figures were taken from the Judicial College Guidelines for moderately severe post-traumatic stress disorder and double incontinence. However, these figures are only guidelines and only apply to pain and suffering. 

A successful hysterectomy negligence claim may comprise the following heads:

• General Damages: This head covers compensation for your physical and psychological injuries, or in other words, your pain and suffering.
• Special Damages: This head covers compensation for your financial losses due to the negligence.

For general damages, legal experts or medical negligence solicitors usually refer to the Judicial College Guidelines (JCG). We have provided a table below summarising some of the figures relevant to hysterectomy negligence. However, please note that the top row isn’t from the JCG, and the table is to be used only for guidance.

Injury	Severity	Notes	Compensation Guidelines
Multiple Severe Injuries and Special Damages	Very Serious	There could be a combination of injuries paired with a loss of earnings or needing professional care.	Up to £1,000,000+
Bladder Injury	Double Incontinence	There is a total loss of natural bladder function and urinary control paired with other medical complications.	Up to £224,790
Bladder Injury	Complete Loss of Function	There is a complete loss of function and control.	Up to £171,680
Bowel Injury	Loss of Natural Function	There is a total loss of natural function and complete dependence on colostomy, depending on the person's age.	Up to £183,190
Bowel Injury	Severe	There is a severe abdominal injury which could cause disfiguring scars and temporary colostomy may be required along with dietary restrictions.	£54,420 to £85,100
Bowel Injury	Penetrating Injuries	Although there is an eventual return to control and function, there have been penetrating injuries causing some permanent damage.	£15,370 to £29,870
Injuries to Female Reproductive System	Permanent Sexual Dysfunction	There is sexual dysfunction, which is likely to be permanent for a person already having children or who wouldn't have had children anyway. The upper limit would be considered for complications like multiple surgeries.	£52,490 to £124,620
Injuries to Female Reproductive System	Failed Sterilisation	There is an unwanted pregnancy due to failed sterilisation but no serious psychological impact.	In the region of £12,450
Kidney Damage	Significant	There is a total loss of natural kidney function or significant risk of urinary tract infection in the near future.	Up to £78,080
Post-Traumatic Stress Disorder (PTSD)	Moderately Severe	There is some scope of recovery with some professional help but there is still likely to be significant disability in the foreseeable future.	£28,250 to £73,050

You may be able to include the following as special damages in your compensation claim:

• Loss of earnings (both current and future).
• Professional care
• Medical expenditure (including transport costs)
• Cost of cosmetic surgery to remove scars or professional therapy

You can substantiate the above financial losses by providing receipts, payslips, and bank statements.

What Factors Determine The Amount Of Compensation Paid?

Your compensation amount may depend on factors such as:

• Claim complexity
• Nature of your injuries/illness
• Evidence strength
• Negotiations over the compensation amount.

For more information on medical negligence payouts, you can use our medical negligence calculator or call our advisors.

What Evidence Do I Need To Prove My Hysterectomy Was Negligent?

Collecting evidence is an important step in your hysterectomy negligence claim. Some examples of the proof which could help are:

• Medical records
• Photographs of visible scars
• Contact details of the person who may have accompanied you for witness statements.
• Correspondence records with the doctor or your GP’s notes.
• Personal narrations, like diary entries or other written records.

Contact our advisory team now for guidance on collecting evidence.

How Long Do I Have To Start My Claim?

You have 3 years to start your hysterectomy negligence claim, according to the Limitation Act 1980, However, this time limit won’t apply in certain cases:

• Minors: If a minor suffers a complication due to hysterectomy negligence, they cannot legally make a claim for themselves until they turn 18. Therefore, this time limit of 3 years will apply only after their 18th birthday.
• Reduced Mental Capacity: Since a person with reduced mental capacity cannot independently start their claim, the time limit is paused indefinitely. However, if and when their mental capacity returns, the time limit of 3 years would commence.

Whilst the time limits are paused, a loved one could claim on behalf of the above individuals by becoming a litigation friend. This option is available until:

• The minor turns 18.
• The individual’s mental capacity is restored.

Contact us now to discuss the time limit applicable in your situation.

No Win No Fee Medical Negligence Hysterectomy Claims

If you have an eligible hysterectomy negligence claim, the No Win No Fee solicitors on our panel could simplify the process and help you to avoid high solicitors’ fees. They would work on your case under a Conditional Fee Agreement (CFA), which means that you won’t pay for their work:

• Upfront
• While your claim is pending
• If your claim is unsuccessful.

In the event of a positive outcome, your solicitor will charge a percentage of your compensation as the success fee. The law has placed a limit on this percentage to ensure that you retain the maximum amount of your compensation.

Contact Our Panel

An advisor from our team can discuss the incident that resulted in the unnecessary harm you suffered. They can assess whether you have good grounds to seek compensation, and if you do, they could connect you to one of the solicitors from our panel. Get in touch with us now to be connected to the No Win No Fee solicitors on our panel:

• Call at 03301230546.
• Contact us online.

Learn More

Thank you for reading our guide on making a hysterectomy negligence claim. Here are some of our other guides which could help you:

• Our guide on claiming for maternity negligence.
• Information to claim for a C-section gone wrong.
• Details on claiming for medical negligence at birth.

Here is some more information from across the web:

• Information from the NHS on cervical cancer.
• The government’s strategy for women’s health in England.
• Guidance from the NHS on women’s health.