A ignorance and understanding seems to exist on the subject of girls’s reproductive well being situations, and the analysis and therapy of hysterectomies isn’t any exception to this.
On this weblog we will probably be discussing the place negligence can happen in relation to the therapy of hysterectomies, from preliminary misdiagnoses to surgical errors.
What’s a Hysterectomy?
A hysterectomy is a surgical process to take away the womb (uterus) and is carried out to deal with well being issues that have an effect on the feminine reproductive system. Girls usually bear a hysterectomy to deal with issues comparable to heavy durations, fibroids, or power interval pains. Roughly 55,000 hysterectomies are carried out within the UK yearly on girls primarily of their 40s and 50s.
Obstacles to Remedy
Girls present process hysterectomies can face quite a few points when making an attempt to entry therapy. These might embrace gender bias which results in girls’s reproductive pains being normalised or dismissed; NHS delays on account of power underfunding; and the rising prices of non-public procedures by 19% from 2021 to 2024. For extra data on this subject, please see Rebecca Linnell’s current weblog discussing the present disaster in accessing gynaecology care right here.
Hysterectomy Negligence
If issues come up within the care related to a hysterectomy, there could also be a authorized declare for negligence which must be investigated.
Beneath, are some examples of potential negligence involving hysterectomies that will give rise to a authorized declare for compensation.
Surgical Errors
Throughout hysterectomy procedures it’s potential for surgical errors to happen. Whereas some points that will come up are recognized dangers of the surgical procedure (for which the affected person ought to have been appropriately consented for), different problems could also be because of negligent care. For instance, a affected person’s bladder might grow to be broken because the stomach is being opened, significantly if prior procedures, comparable to a c-section, have left a skinny layer of scar tissue.
Within the case of JD V Shrewsbury and Telford Hospital NHS Belief, the Claimant was awarded £45,000 after she suffered harm to her ureter throughout a hysterectomy. On account of the harm she suffered sepsis, required a nephrostomy (the insertion of a tube to empty blocked urine) and suffered from psychiatric accidents. While the NHS advises that harm to the ureter happens in roughly 1 in each 100 hysterectomy circumstances, it’s normally recognized and repaired in the course of the hysterectomy process. On this case, regardless of harm to the ureter being a recognized complication of a hysterectomy, the Claimant was nonetheless profitable in recovering compensation as a result of Defendant’s negligent failure to recognise and rectify the harm in the course of the surgical procedure. If harm prompted throughout surgical procedure is left untreated, it could possibly result in additional issues as on this case.
Early recognition of harm is essential, as working workers can defer to a Urologist to take care of fast repairs, thereby minimising any long-term issues. The place there’s a failure to recognise and rectify the harm, there could also be grounds for a scientific negligence declare.
Delayed Prognosis
The ignorance of ladies’s reproductive well being situations can result in a delay within the analysis of signs. It is a frequent motive for potential negligence claims, on account of the truth that delays can result in a deterioration of signs. In consequence, a report by the Girls and Equalities Committee has known as on the NHS to ‘urgently implement a coaching programme to enhance the expertise’ of accessing therapy and analysis for girls with reproductive sick well being.
Within the case of D v Mid Staffs Basic Hospitals NHS Belief [1] in 2006 a lady was awarded basic damages of £55,000 for ache struggling and lack of amenity because of a delayed most cancers analysis leading to an avoidable hysterectomy. The Claimant obtained a unfavorable smear check end result from the Defendant in 1999. Following the beginning of her daughter, she had an additional smear check in 2002 which reported abnormalities, leading to her present process a hysterectomy. It was discovered that the abnormalities recognized from the smear check carried out in 2002, must have been famous from the smear check incorrectly reported as unfavorable in 1999. Had the delay in her most cancers analysis not occurred, the hysterectomy wouldn’t have been obligatory. The Claimant had meant to have a big household, nonetheless, because of the Defendant’s negligence she was rendered infertile at 32 years previous. Her award for damages additionally included recognition for scarring and psychiatric damage.
Enhancing early analysis, together with via the supply of comply with up appointments, have to be a precedence to forestall a deterioration of signs. The NHS should take steps to make sure practitioners maintain updated with the total vary of diagnostic and therapy, and that sufferers perceive their choices.
The Misdiagnosis or Mistreatment of Signs
While some gynaecological situations do warrant a hysterectomy, this isn’t all the time the case. Sufferers might subsequently discover themselves having been negligently suggested to bear a hysterectomy when actually, there have been different, extra appropriate therapy choices which ought to have been thought-about within the first occasion. If a lady undergoes a hysterectomy when this was not obligatory, there could also be a authorized declare.
Failures to Receive Knowledgeable Consent
Rising numbers of ladies have reported having insufficient time to think about the hysterectomy process and its potential penalties. For instance, in April 2025, it was reported that the Public Service Ombudsman for Wales discovered {that a} affected person, Ms A, had a hysterectomy with out giving her knowledgeable consent. In response to Ms A, it was not till the morning of her surgical procedure that she was made conscious {that a} hysterectomy could also be carried out as a part of her process, and this was described by the ombudsman as being a ‘critical failing’.
The Authorities response to the Girls and Equalities Committee’s first report states that transferring ahead, a threat evaluation that permits a affected person to make an knowledgeable selection on the really useful process must be undertaken as commonplace, taking account of any earlier historical past of present process associated procedures. This also needs to embrace consideration of the affected person’s psychological and bodily preparedness for the process.
If consent was not correctly obtained and the hysterectomy therapy prompted an damage, a declare for medical negligence could also be potential, nonetheless it’s price noting that such claims will be difficult to show. Extra data will be discovered on our lack of knowledgeable consent webpage.
Authorized claims
The Kingsley Napley staff specialize in gynaecology circumstances with a wealth of expertise on this space. If, following a hysterectomy you’re involved in regards to the approach used or you will have surprising long-term penalties, please don’t hesitate to contact our supportive and pleasant staff for a no obligation dialogue.
[1] Kemp & Kemp: Quantum of Damages, Quantity 4, Part N: Accidents Ensuing from Medical Negligence, N1, Delay in Prognosis or Remedy, Instances
Additional data
In case you have any questions relating to this weblog, please contact Laura Vincent Evans or Asha Kaushal in our Medical Negligence and Private Damage staff.
Concerning the authors
Laura is an Affiliate within the Medical Negligence & Private Damage staff, having certified in September 2022.
Asha is a Trainee Solicitor at the moment in her second seat with the Medical Negligence & Private Damage staff. Asha joined Kingsley Napley in September 2024.