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A hysterectomy is a major operation where the uterus is removed. Hysterectomies are done to treat specific health problems, such as heavy periods, pelvic pain and cancer. Once healed, a hysterectomy can drastically improve a woman’s life by relieving symptoms linked to gynaecological conditions. However, some women can encounter gynaecology medical negligence and may have the eligibility to pursue a hysterectomy negligence claim.
Here at Advice, we are very familiar with the fallout of hysterectomy negligence, from the suffering experienced to the money lost, and that’s why we’re here to help. Notably, our solicitors can offer their services on a No Win No Fee basis. We will discuss this funding option in greater detail later in our guide, where you will also find information about our services.
Important Points
- Medical negligence can range from surgical errors to delayed diagnoses and treatment.
- The typical time limit to file a hysterectomy negligence claim is 3 years from the date you suffered the harm or the date of knowledge.
- The more evidence you have, the stronger your hysterectomy negligence claim.
- Not all instances of harm qualify as medical negligence; sometimes it is unavoidable, and the gynaecologist is not at fault.
- Claims could be made against the NHS and private medical institutions.
Contact Us
In the meantime, if you have any immediate questions or believe you have a valid hysterectomy negligence claim, get in touch with us free of charge using the contact details below:
- Phone us on 0161 509 2856
- Contact us online
- Talk to us using our live chat
Frequently Asked Questions
- Can I Make A Hysterectomy Negligence Claim?
- Can I Still Claim If The General Risks Were Explained To Me?
- How Much Hysterectomy Compensation Could I Be Awarded?
- What Can Compensation Do For Me After Hysterectomy Negligence?
- Examples Of Clinical Negligence In Hysterectomy Claims
- What Evidence Will I Need To Show Negligence In A Hysterectomy Claim?
- Is There A Hysterectomy Negligence Claim Time Limit?
- No Win No Fee Hysterectomy Compensation Claims
- Get Help From Advice
- More Information
Can I Make A Hysterectomy Negligence Claim?
Yes, you can make a hysterectomy negligence claim if you meet the eligibility criteria:
- Your healthcare professional owed you a duty of care
- They breached this duty
- You suffered avoidable or unnecessary harm because of this breach
All healthcare professionals, including gynaecologists, have a duty of care to provide the correct standard of care to all their patients. The Royal College of Obstetricians and Gynaecologists provide some guidance for gynaecologists on how to adhere to their duty of care.
If the medical professional in question fails to meet this standard, they may have breached their duty of care towards you. If this breach leads to you suffering harm that is deemed unnecessary or avoidable, you may be eligible to claim hysterectomy compensation.
With that being said, it’s important to consider that not all instances of harm are caused by substandard gynaecology care. Sometimes patients will experience medical harm that is simply unavoidable, and their gynaecologist provided the correct standard of care. Notably, to provide a clearer picture of what medical negligence looks like, we’ve included some examples later in this guide.
Am I Able To Claim If The NHS Carries Out The Procedure?
Yes, you are still able to claim if the NHS carries out the procedure. This is because medical negligence can happen in both public and private settings, whether it’s in a walk-in centre or a GP. Every medical professional, regardless of whether they work for a public or private healthcare provider, is legally required to provide their patients with the correct standard of care.
In circumstances where you wish to pursue your hysterectomy negligence claim against the NHS, you will need to go through NHS Resolution. Think of this arm’s length body as a kind of insurance provider that has its own budget for paying compensation. This way, NHS services are not financially impacted by those who wish to file medical negligence claims related to hysterectomies.
If you have encountered medical negligence during an NHS procedure, please get in touch so we can discuss the NHS Resolution claiming process in greater detail.
Can I Still Claim If The General Risks Were Explained To Me?
Yes, you can still claim if the general risks were explained to you. This is because an explanation of the general dangers doesn’t automatically protect you from medical negligence happening before, during or after your hysterectomy surgery. This is particularly true if your gynaecologist or other medical practitioner fails to clearly and thoroughly articulate the general risks.
If you have a feeling that the general risks weren’t properly explained to you , please connect with one of our expert advisors so they can talk you through the next steps.
How Much Hysterectomy Compensation Could I Be Awarded?
The amount of hysterectomy compensation you could be awarded is dependent on several factors because every case is different. When calculating your compensation, solicitors can refer to the Judicial College Guidelines (JCG). This is a legal document that outlines a wide range of instances of harm, along with their corresponding severities and suggested compensation brackets. Notably, this is covered by a head of claim called general damages.
When your general damages are being calculated, your medical negligence solicitor may take into account:
- The severity of the harm you suffered
- Whether it’s impacted your quality of life
- Whether you have suffered psychological damage
- Whether you have undergone invasive treatment
- Whether you have sustained deformity or disfigurement
- Whether you will encounter any pain and suffering in the future
Compensation Guidelines
Below you will find a selection of brackets from the JCG. However, please note that the first figure has not been sourced from the JCG. Moreover, this list does not guarantee specific compensation; it’s meant to serve as a guideline only.
- Multiple Very Severe Forms of Harm with Special Damages – Up to £500,000+ – Encompasses multiple very severe forms of harm and special damages, including loss of earnings and medical expenses.
- Reproductive System: Female a) – £140,210 to £207,260 – Infertility caused by injury or disease, plus sexual dysfunction, mental health issues, pain and scarring.
- Reproductive System: Female b) – £52,490 to £124,620 – Sexual dysfunction which is likely going to be permanent, and the claimant already has children or would never have had children. The upper bracket will include medical complications.
- Reproductive System: Female c) – £68,440 to £87,070 – The claimant will be a young person with no children who has infertility with no aggravating features and no sexual dysfunction.
- Reproductive System: Female d) – £21,920 to £44,840 – Infertility without medical complications, no sexual dysfunction, and the claimant already has children. The upper bracket will include a significant psychological reaction.
- Reproductive System: Female e) – £8,060 to £22,800 – Infertility where the individual would never have had children, for example, because of their age.
- Reproductive System: Female f) – £4,140 to £24,930 – There’s a delay in diagnosing an ectopic pregnancy; however, fertility is not affected. This award is dependent on the extent of pain, suffering, bleeding, whether a blood transfusion is needed, mental health issues and whether a fallopian tube needs to be removed.
- Reproductive System: Female g) – In the region of £12,450 – The claimant suffers a failed sterilisation resulting in an unwanted pregnancy where there is no serious psychological impact or depression.
If you believe one of these JCG brackets applies to your hysterectomy negligence claim, please contact us for free advice on how to proceed.
What Can Compensation Do For Me After Hysterectomy Negligence?
After hysterectomy negligence, compensation can also help you recoup any financial losses you suffered through another head of claim, known as special damages.
This head of compensation is designed to compensate you for any financial losses you may have incurred due to hysterectomy negligence. This might look like:
- Medical expenses
- Loss of wages
- Loss of future earnings
- Adaptations to property
- Travel expenses
- Care costs
- Any other out-of-pocket expenses
If your medical negligence solicitor determines your request for special damages is valid, they will require evidence in the form of documented costs. For instance:
- A letter from your employer stating that you have lost hours due to your hysterectomy, or that you haven’t worked at all or your payslips
- Medical bills, for example, prescriptions
- Travel receipts to and from the hospital or GP
If you are unsure whether you’re eligible to receive special damages, please contact us so we can provide a more detailed explanation.
Examples Of Clinical Negligence In Hysterectomy Claims
Please find below some examples of medical negligence in hysterectomy claims:
Surgical Errors
Surgical errors can include poor hygiene, damage to surrounding organs, leaving instruments inside the body, nerve damage, and numerous other complications.
- Whilst performing a hysterectomy, the surgeon leaves a foreign object in the body of the patient, which causes damage to the bladder, requiring an additional surgery.
Delayed Diagnosis
Failing to diagnose or a delayed diagnosis of a patient promptly can lead to worsening of the condition and accompanying symptoms.
- A doctor mistakes a patient’s pelvic pain for extreme menstrual symptoms. The patient was actually showing signs of endometrial cancer. Due to the doctor delaying the treatment, the patient’s uterus had to be removed, which wouldn’t have been necessary if they had received a prompt diagnosis.
Lack of Informed Consent
This occurs when the patient doesn’t fully understand the procedure, its risks, or alternatives, or they feel pressured to undergo the hysterectomy.
- The gynaecologist rushed through their final consultation, resulting in the patient not fully understanding the nature of the hysterectomy due to the gynaecologist speaking so quickly. The patient later regrets having the surgery because they didn’t understand what the impact would be on their fertility.
Unnecessary Hysterectomy
A hysterectomy should only be considered as a last resort due to the seriousness of the surgery. However, this is not always the case.
- A gynaecologist tells their patient that a hysterectomy is the only option. The patient assumes that they can trust their gynaecologist’s expertise, so they proceed with the surgery. They later discover that other treatment options could have been tried first.
Failure to Monitor
A hysterectomy is a big operation, and the patient will need careful monitoring after surgery. However, failure to do so can lead to delayed detection of issues, risk of infections, respiratory problems and even death.
- A patient is feeling pain in their leg post-hysterectomy surgery. However, the medical staff have failed to check on the patient frequently enough for the patient to disclose this concern. The patient had a blood clot in their leg and later suffered a pulmonary embolism.
Anaesthesia Errors
Anaesthesia errors can include administering the wrong dosage, delayed delivery, failure to monitor vital signs, improper intubation, and using faulty equipment.
- An anaesthetist fails to administer the anaesthetic correctly, leading to the patient suffering pain during the early stages of the hysterectomy surgery.
If you have experienced any of these examples of clinical negligence before, please contact us today so we can assist you.
What Evidence Will I Need To Show Negligence In A Hysterectomy Claim?
You will need to show as much evidence as you possibly can in a hysterectomy claim. This will need to prove that your gynaecologist or other medical professional is at fault, and the extent of the harm you suffered.
Notably, many things can serve as evidence. Please find some examples below:
- Medical records detailing any surgeries, diagnosis and treatments
- Photographs of visible harm
- Contact details from witnesses
- A personal account of what has happened to you
Gathering evidence can be an overwhelming concept, and that’s why we’re here to help. Get in touch with one of our expert advisors, so we can tell you how we can gather evidence on your behalf.
Is There A Hysterectomy Negligence Claim Time Limit?
Yes, there is a hysterectomy negligence claim time limit, and it’s generally 3 years. This runs from the date you suffered the medical harm or from the date you found out about it, as per the Limitation Act 1980. This piece of legislation states that if you fail to file a claim within 3 years, your case will be dismissed, even if medical negligence has occurred.
With that being said, the legislation does highlight specific exemptions:
- An adult who lacks the mental capacity to file a claim independently
- A minor who is under the age of 18 and is too young to claim
To prevent individuals like those mentioned above from being disadvantaged, the legislation introduced a legally appointed role known as the litigation friend. This role is typically fulfilled by a family member of the protected person. It involves them being responsible for any decision-making, representation, and communication regarding the claim. Specifically, the litigation friend will file a hysterectomy negligence claim on behalf of the protected party while the time limit is on hold.
If you’re unsure whether your hysterectomy negligence claim falls within the time limit, please contact us so we can determine if your case is still valid.
No Win No Fee Hysterectomy Compensation Claims
Here at Advice, we offer No Win No Fee terms to our clients. Specifically, our legal representatives offer their services through a Conditional Fee Agreement, which enables you to secure compensation with confidence.
Please find below the benefits of CFAs:
- You won’t pay solicitors’ fees if your claim fails
- You won’t have to pay for solicitors’ fees while your claim is ongoing
- You won’t pay any upfront solicitors’ fees
In the event that your claim is successful, you will need to pay a success fee for your solicitor’s work. This is paid directly out of your compensation. It is also legally capped as a percentage, as per The Conditional Fee Agreements Order 2013.
If you require more information about CFAs, please don’t hesitate to contact our expert team.
Get Help From Advice
Here at Advice, we can help you with your hysterectomy negligence claim by taking on the legal stress for you so that you can focus on your recovery. We achieve this by providing you with a wide range of services, making the claims process less overwhelming. If you choose to work with us here at Advice, we will:
- Tell you how strong your medical negligence compensation claim is and its likelihood of success
- Determine a fair compensation figure
- Gather evidence on your behalf, for example, witness statements and medical records
- Represent you in negotiations and court proceedings
- Get access to medical treatment that might not be available on the NHS
- Follow all instructions to the letter and meet every deadline promptly
- Get access to an independent medical assessment to fortify your case
- Liaise with the defendant’s solicitors and keep you informed at all times
Contact Our Advisors
Our solicitors see the damage that medical negligence can cause to innocent people on a daily basis. Let us help you make things right and secure the highest possible compensation for you. Get in touch with us today for free using the contact details below:
- Phone us on 0161 509 2856
- Contact us online
- Talk to us using our live chat
More Information
Some more guides by us:
- Read our guide on claiming for poor care in a hospital.
- Learn how to claim for an operation gone wrong.
- Advice on claiming for severe PTSD.
Some additional resources:
- Learn about the professional standards that doctors are expected to meet as outlined by the General Medical Council.
- Learn more about hysterectomy surgery from the NHS.
- Read up on surgical staff and regulation as outlined by the Royal College of Surgeons.
Thank you for taking the time to read our guide on making a hysterectomy negligence claim.
