Last Updated on April 30, 2025 by tanya

Surgical Injury During A Hysterectomy

 

When Is It Medical Negligence and How To Claim

 

A hysterectomy is one of the most common medical procedures performed on women – but a surgical injury during a hysterectomy can occur. However, not all injuries during a hysterectomy will fall under medical negligence.

While generally safe, a hysterectomy is still a major operation which carries inherent risks. For some patients, injuries may well be a result of medical negligence if a medical professional breached their duty of care.

This means the injury occurred as the care provided fell below a reasonable standard expected of a medical professional. Adding to that, you would have to show that this breach caused harm or injury.

To find out if you’re entitled to a medical negligence claim for compensation, we can help as we work with experienced lawyers who offer a ‘No Win, No Fee’ service. They can give you expert advice on whether your claim is valid and support you during this difficult time.

 

What Is a Hysterectomy?

 

A hysterectomy is the surgical removal of the uterus (womb). It is typically used to treat conditions such as uterine fibroids, endometriosis, heavy menstrual bleeding and some cancers. The procedure can be carried out through several approaches:

 

• Abdominal hysterectomy
• Vaginal hysterectomy
• Laparoscopic (keyhole) hysterectomy

 

Each method has its own risks and potential for complications. While hysterectomies are often life-changing in a positive way, complications can and do occur.

 

Common Surgical Injuries During a Hysterectomy

 

Here are some common injuries that may occur during a hysterectomy:

 

Bladder or Ureter Injury

The bladder and ureters (tubes connecting the kidneys to the bladder) are close to the uterus, making them susceptible to damage during surgery. If these structures are accidentally cut or damaged and not promptly identified or repaired, it can lead to infection, kidney damage, or urinary incontinence.

 

Bowel Injury

The bowel can also be injured during a hysterectomy, especially if there are adhesions (scar tissue) from previous surgeries. Undiagnosed bowel injuries can cause sepsis which is a life-threatening condition if not treated quickly.

 

Vascular Injury

Large blood vessels in the pelvic area can be accidentally damaged during the procedure. This can lead to internal bleeding and haemorrhage, which may need emergency intervention.

 

Nerve Damage

In rare cases, nerves in the pelvic region may be damaged during surgery. This may cause long-term pain, numbness, or even mobility issues.

 

Infection or Sepsis

Improper surgical technique or poor post-operative care can increase the risk of infection. This can potentially lead to sepsis or even organ failure.

 

Retained Surgical Instruments

Surgical sponges or instruments can be accidentally left inside the patient. This is a clear example of negligent care.

 

In all instances you should always consult with a medical professional around life expectancy questions.

 

When Are These Injuries Considered Medical Negligence?

 

It’s important to note that not all surgical injuries count as medical negligence. To bring a successful claim, you will be able to prove that:

• The medical professional breached their duty of care, and
• That breach caused you harm that would not have occurred if proper care had been given.

 

What Is a Breach of Duty?

 

Healthcare professionals must provide care that meets a reasonable standard expected of their role. Examples of a possible breach are:

 

• Use incorrect surgical techniques
• Fail to identify and repair an injury during surgery
• Ignore symptoms of complications post-surgery
• Fail to monitor or manage infection effectively

 

Even if a mistake occurred, a claim only succeeds if the injury directly resulted from that negligence. This is often where expert medical evidence is required.

 

Examples of Hysterectomy Negligence Cases

 

Here are scenarios where a claim might be valid:

 

• A surgeon failed to recognise a ureteric injury, leading to kidney failure.
• A bowel perforation was missed and only discovered days later, resulting in sepsis.
• Inadequate hygiene practices caused a preventable infection.
• A patient was not properly informed of the risks of the procedure (lack of informed consent).
• Surgical instruments were left inside the body.

 

What Should You Do If You Suspect Medical Negligence?

 

If you or a loved one has suffered harm following a hysterectomy, your priority is to request your full medical records as this will be essential evidence.

Next, you will need to consult a solicitor who is experienced in medical negligence claims and who offers a ‘No Win, No Fee’ service, which means you will only pay fees if you win your case.

As medical negligence claims can cover complex legal aspects, it is important to speak to a lawyer who can assess your claim and advise if it is viable.

 

What Can You Claim Compensation For?

 

If your claim is successful, you could receive compensation for:

 

• Pain and suffering
• Ongoing medical treatment or surgery
• Loss of earnings
• Cost of care or rehabilitation

 

‘No Win, No Fee’ Medical Negligence Claims

 

If you believe you or a loved one has suffered harm and suspect medical negligence is to blame, getting legal advice early on is important. This is because it can make a big difference when it comes to gathering evidence, securing expert reports and filing during the legal time frame (generally three years).

First Personal Injury can guide you through the process to get the compensation you deserve. We work with experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.