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A Guide On Making A Hysterectomy Negligence Claim
If a medical professional caused you unnecessary harm during a hysterectomy, read this guide to learn how to start a hysterectomy negligence claim with our excellent solicitors.
£85 million in compensation
A Guide On Making A Hysterectomy Negligence Claim
If a medical professional caused you unnecessary harm during a hysterectomy, read this guide to learn how to start a hysterectomy negligence claim with our excellent solicitors.
Step by Step Guide To Making A Hysterectomy Negligence Claim
A hysterectomy is the removal of a woman’s uterus that is often completed on those with complications to their reproductive systems. Many women see this as a life-changing procedure, as it terminates their ability to conceive a child. As a result, some women often experience problems with their mental health alongside the physical effects of this procedure.
Therefore, if a medical professional caused you to suffer avoidable harm during this surgery, you may be eligible to start a hysterectomy negligence claim with the legal support of our excellent solicitors at JF Law.
Important Points
- Hysterectomy compensation gives patients a sense of justice and financial relief for their suffering.
- You may be eligible to start a hysterectomy claim if a medical professional caused your avoidable harm.
- The amount of compensation awarded depends on the extent of your injuries and financial losses.
- There are many ways you can receive support after suffering from a negligent hysterectomy.
- Our solicitors may help you start a medical negligence claim on a No Win No Fee basis.
If you would like to start your hysterectomy negligence claim today, please contact our helpful advisors by:
- Visiting our ‘contact us’ page online
- Call them on 0151 375 9916
Can I Make A Hysterectomy Negligence Claim?
You may be eligible to start a hysterectomy negligence claim if you meet the following criteria:
- A medical professional owed you a duty of care
- The medical professional committed a negligent act or omission, breaching this duty
- This caused you to suffer harm that was unnecessary or avoidable
All medical professionals, including gynaecologists, must adhere to good medical practice to ensure they meet the standard of care that is expected of them.
If they fail to do so, by committing a negligent act or omission (fail to act), this may put them in breach of their duty of care.
Therefore, patients who have undergone a hysterectomy and suffered avoidable or unnecessary harm due to the actions of a medical professional may be eligible to start a hysterectomy negligence claim.
Can I Claim If I Was Made Aware Of The General Risks Of A Hysterectomy?
You still may be eligible to start a hysterectomy claim if you were made aware of the general risks of this procedure. However, you may only claim if the harm you suffered was avoidable and occurred due to the negligent actions of a medical professional.
All medical procedures carry some risks to a patient’s health. Therefore, medical professionals have a duty to discuss these with their patients before the procedure. If the patient then suffers from the general risks associated with the procedure, they may not be eligible to start a claim.
However, a patient may be eligible to start a claim if they suffered from the general risks of a hysterectomy and the medical professional failed to discuss these with them before the procedure.
You can contact our advisors anytime to determine whether you are eligible to start a hysterectomy negligence claim with our solicitors at JF Law.
What Is The Average Negligent Hysterectomy Compensation Amount?
The average negligent hysterectomy compensation amount can be found by adding together the total number of successful claimants in a given year and also adding together the payouts these claimants were awarded. From here, you would then need to divide the total payout figure by the total claimant number.
However, individual awards are decided on a personal basis. This is because many factors, including the patient’s harm and losses, are taken into account to determine an appropriate compensation figure.
Compensation for medical negligence claims is therefore divided into two heads of claim:
- General damages – compensation for physical and psychological harm
- Special damages – compensation for financial losses
Under general damages, physical harm and psychological suffering caused by the negligent conduct are taken into account. The overall figure for this is calculated using an independent medical assessor’s report, which states the harm the patient suffered. These are then reviewed alongside compensation guidelines created by the Judicial College (JCG).
The JCG categorises the types of harm a person may experience, alongside their suggested compensation brackets. The table below provides examples from it. This illustrates how much you may be compensated for your suffering caused by a negligent hysterectomy.
Please note that the top figure was not taken from the JCG and the figures you see are only guidelines.
| Harm | Compensation Guideline | Explanation |
|---|---|---|
| Multiple Serious Harm and Significant Financial Losses | Up to £250,000 plus | This may be awarded to those who suffered multiple harm of a serious nature that resulted in them incurring significant financial losses. |
| Female Reproductive Injuries (a) | £140,210 to £207,260 | This may be awarded for those with infertility, sexual dysfunction, anxiety and depression, pain and scarring. The higher end of the bracket may be awarded for significant medical problems and younger people. |
| Female Reproductive Injuries (b) | £52,490 to £124,620 | This may be awarded if the patient has children or cannot have children that suffer from sexual dysfunction. The higher end bracket may be awarded for significant medical problems. |
| Female Reproductive Injuries (c) | £68,440 to £87,070 | This may be awarded to those with infertility but have no aggravating factors or for a younger person with no sexual dysfunction. |
| Severe Psychiatric Damage | £66,920 to £141,240 | This may be awarded if the patient’s ability to cope with their life, work and education is jeopardised. Other factors that may be considered include the effect it has on their relationships, treatment, vulnerability, prognosis and medication. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | This may be awarded for the factors listed above. However, the patient has a more optimistic prognosis. Cases involving birthing injuries may be at the higher end of the bracket. |
| Bowel Injuries (c) | In the region of £97,530 | This may be awarded if the patient has faecal urgency and passive incontinence after a surgery, causing psychological problems. |
| Bowel Injuries (d) | £54,420 to £85,100 | This award may be recommended if the patient has a severe injury to their abdomen which impairs their bowel, requiring a temporary colostomy. |
| Bladder Injuries (c) | £78,080 to £97,540 | This may be awarded to those who suffer serious impairment and control of the bladder that is associated with pain and incontinence. |
| Kidney Injuries (b) | Up to £78,080 | This may be awarded if the patient has a significant risk of future urinary tract infections or a total loss of kidney function. |
Can I Claim Special Damages For A Hysterectomy Claim?
If the physical or mental harm you suffered caused you to incur financial losses, you may be eligible to claim special damages. This means that you may be reimbursed for any money you lost or any future losses you may incur.
Some examples of the financial losses you may add to your claim include:
- Missed wages for your time off work
- Lost work benefits, such as pension contributions or bonuses
- Medical costs, for treatment or prescriptions
- Costs for mental health services such as counselling
- Travel costs, for getting to and from appointments
- Special equipment costs, such as hysterectomy pillows
- Childcare costs, if you require additional support
If you wish to claim special damages, it is essential to keep a record of all receipts, bank statements, and payslips, as you will need to provide evidence of your financial losses.
For more specific examples of how much compensation you may be awarded for a successful hysterectomy negligence claim, please contact our advisors.
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The Most Common Examples Of Negligence Within A Hysterectomy Claim
If medical professionals fail to follow good medical practice, causing women to suffer avoidable harm, many forms of negligence may give rise to a hysterectomy claim. Some of these include:
- Surgical errors – for example, a surgeon may use excessive force while performing the hysterectomy. If this damages or punctures the surrounding organs, such as a patient’s bowel, they may be eligible to claim for this.
- Post-operative infections – for example, a surgeon may fail to sufficiently clean and dress the wound from the surgery and not provide the patient with aftercare information. If this caused the patient to suffer from an infection or sepsis, they may be eligible to claim compensation.
- Misdiagnosis – for example, a patient may suffer from heavy periods and pelvic pain. However, instead of testing her for other conditions such as PCOS, the medical professional may send her for a hysterectomy, which may not have been necessary. As such, the patient may start a compensation claim.
- Misinformed consent – for example, a medical professional may have failed to discuss the possible side effects or risks associated with a hysterectomy with a patient. If the patient then suffers from them, without consenting to it, they may be entitled to compensation.
You can contact our advisors at any time to discuss the circumstances of your claim and determine if you are eligible to start one.
Will My Consent Need To Be Given Before A Hysterectomy Is Performed?
You must give your consent before undergoing a hysterectomy.
During your hospital appointments, both you and the medical professional will discuss whether having a hysterectomy is the best decision for you. During such conversations, the potential risks and side effects will be discussed.
If it is agreed that a hysterectomy will be performed, you will be asked to sign a consent form. This will outline the details of the procedure, possible complications and aftercare. Only after you sign this will the hysterectomy go ahead.
All medical professionals have an obligation to discuss the details of the consent form with you. If they fail to do so before the surgery, this is considered negligent, and you may be eligible to start a hysterectomy negligence claim.
For more information about medical negligence and hysterectomy consent forms, please contact our advisors.
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Supporting Women Who Have Been Affected By A Negligent Hysterectomy
At JF Law, we understand the physical pain and mental suffering that negligent hysterectomies may have on women. As such, we are committed to supporting them in their recovery and providing additional assistance to help them rebuild their lives.
For example, during the claims process, our solicitors will:
- Take their time to explain the stages of the claim and answer all of their questions
- Listen to the needs of women and reassure them throughout the claim process
- Manage legal tasks to ensure women do not become overwhelmed by the process
- Set women up with medical appointments to support their health and recovery
- Help women get access to mental health services such as counselling
If you would like to learn about more ways you can receive support having suffered from a negligent hysterectomy, please contact our helpful advisors.
What Can JF Law Help Me With?
At JF Law, our dedicated advisors can help you get started with the hysterectomy claims process and answer any questions you may have during it. Furthermore, our specialist medical negligence solicitors can provide legal support and expertise throughout your claim.
One of the benefits of starting your claim at JF Law is that our solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This means that you will have no financial concerns about seeking legal representation for your claim.
If your claim is successful, you will pay your solicitor a success fee. This is a payment for their work on your claim. However, by signing a CFA, this will be taken as a small percentage of your compensation that is legally capped. If your claim does not succeed, you will not pay this.
At JF Law, we ensure to maintain an excellent standard of service and value all of our customer’s needs. Therefore, we will offer countless support to help you take the necessary steps to get you back on track with your life and help you claim the compensation you deserve for your suffering following a negligent hysterectomy.
Contact Our No Win No Fee Solicitors
If you have any questions regarding the hysterectomy claims process or would like to start yours today, please contact our friendly advisors today by:
- Visiting our ‘contact us’ page online
- Call them on 0151 375 9916
Our lines are open 24/7, so you can contact us at any time that is most convenient for you. If your claim is eligible, they can connect you with one of our medical negligence solicitors.
Negligent Hysterectomy FAQs
Here are the answers to some commonly asked questions regarding hysterectomies.
What Is A Hysterectomy?
A hysterectomy is a surgical procedure that is carried out to remove a woman’s uterus, which is also known as the womb. Although this is a fundamental procedure for the health of women, once this has been completed, a woman will no longer have the ability to conceive a child.
A hysterectomy is an invasive surgery, which may impose complications on a woman’s physical and mental health. Therefore, medical professionals must treat their patients with the correct standard to prevent any unnecessary harm.
Why Might Someone Need A Hysterectomy?
A hysterectomy is commonly completed on people who are suffering from a medical condition that affects their reproductive system. It is typically recommended to women as a last resort, if other treatment is not beneficial.
Common reasons why women have a hysterectomy include:
- Heavy periods, which are caused by fibroids
- Pelvic pain that it associated with endometriosis
- Prolapse of the uterus
- Womb, ovary or cervical cancer
Potential Risks Of A Hysterectomy
There are some complications of a hysterectomy that patients must recognise, such as:
- Heavy bleeding
- Infections
- Bowel and bladder damage
- General anaesthetic reactions
Medical professionals have a responsibility to discuss these complications with their patients before they undergo a hysterectomy.
Different Types Of Hysterectomies
There are 4 types of hysterectomies:
- Total hysterectomy – removal of the womb and cervix
- Subtotal hysterectomy – removal of the womb
- Total hysterectomy with a bilateral salpingo-oophorectomy – removal of the womb, cervix, fallopian tubes and ovaries
- Radical hysterectomy – removal of the womb, surrounding tissues, a section of the vagina, lymph glands, and fatty tissue
More Information
If you would like to learn more about medical negligence claims, you may read the useful guides that are linked below.
- Learn how to make a GP negligence claim
- Information about hospital negligence claims
- Read about birth injury claims
References:
- Find your nearest urgent treatment service, NHS.UK
- Information about women’s health, NHS.UK
- Find out if you are entitled to statutory sick pay, GOV.UK
We appreciate you taking the time to read this guide, which explains how to start a hysterectomy negligence claim. We hope that this was helpful to you.
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