How to Claim Compensation for a Negligent Hysterectomy
A number of health issues can develop during or following a hysterectomy and, where such damage is considered to have been negligent, it may be appropriate to make a claim for compensation.
Due to the complexity of the abdominal region and the importance of the structures and organs found there, medical negligence during a hysterectomy can cause long-term and debilitating problems.
Here at Glynns we have supported numerous women in pursuing compensation for damage caused during their hysterectomy. This has included a range of issues such as damage to the bladder, damage to the bowel, severe post-operative infection and 'never events' such as a drain or a swab left in the operation site.
Bowel damage during a hysterectomy
Due to the location of the uterus in the lower abdominal region close to both the bladder and the bowel, these vital organs can be injured during a hysterectomy procedure.
Accidental damage to the bowel is a known complication during a hysterectomy. This may be due to the use of inappropriate methods during surgery, carelessness, or a failure to ensure that adjacent organs are protected from the operation site.
Ideally, any such damage should be identified and repaired during the operation, thereby minimising the impact on the patient.
Where an accidental tear or perforation of the bowel is missed by the surgeon, the patient may develop serious bowel problems. She may require further surgery and the creation of a colostomy. She may even develop life-threatening peritonitis as a result of the leakage of bacterial matter from the bowel into the abdominal space.
The long-term consequences of such an injury can be debilitating and reduce the woman's ability to earn an income. It may even restrict her capacity to live independently.
A failure to identify the damage at the time of the operation may be regarded as negligent and, if the woman suffers long-term problems as a result, it may be appropriate to make a claim for compensation.
Bladder damage
Damage to the bladder can, likewise, cause significant and on-going problems for the woman affected.
A tear to the bladder during a hysterectomy is not necessarily considered to be negligent but a failure to identify and repair it may well be.
The woman whose bladder has been damaged will probably need additional surgery to try to repair the damage and may well need a catheter on a temporary or permanent basis.
Nerve damage
The femoral nerve is a major nerve of the lower body initiating movement in the lower limbs. Emerging from the spinal cord in the pelvic region, it is susceptible to damage during a hysterectomy. This could be due to pressure, entrapment or direct injury.
If the patient loses their mobility as a result of negligent damage to the femoral nerve during a hysterectomy, the long-term impact could be significant. Such an injury has the potential to affect many aspects of a woman's life, reducing their ability to work, travel, socialise and remain independent. A successful compensation claim would help in coping with the problems caused by the negligence.
Post-operative infection
Post-operative abdominal infections can be life-threatening. If the lining of the abdomen (the peritoneum) becomes infected, the patient can develop sepsis and, without immediate treatment, is at risk of suffering multiple organ failure.
Necrotising fasciitis, a virulent and potentially lethal soft-tissue infection, also favours the abdomen as the starting point for infection and can very quickly spread and threaten the life of the patient.
Where a risk assessment suggests that the patient requires antibiotic protection prior to surgery, medical practitioners might be considered to have been negligent should they not prescribe and administer them.
A post-operative infection is a significant risk of a hysterectomy procedure and can cause life-changing damage to the patient.
Never Events
Astonishingly, surgical 'never events' do occasionally happen. A surgical instrument or accessory may be accidentally left inside the patient.
At least, this may cause continuing pain and the need for further surgery to rectify the situation.
At worst, it may cause internal damage and significant on-going problems.
As the name suggest, 'never events' should never occur and a medical professional responsible for such an occurrence would be regarded as having acted negligently.
If the patient were to suffer debilitating effects as a result of a 'never event' incident, it might be appropriate to make a claim for compensation.
Claiming compensation
The first step in making a compensation claim is to consult a specialist solicitor regarding the viability of a claim.
Glynns Solicitors is a specialist medical negligence legal practice with considerable expertise in a wide range of medical negligence fields.
Contact us today to discuss your situation with a specialist medical negligence solicitor who will be very happy to advise you, free of charge, as to the best way forward.
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