If you have suffered medical problems after undergoing a hysterectomy procedure, it may be possible to claim compensation for hysterectomy complications to compensate you for the physical and emotional trauma you have suffered, and to recover any costs or loss of earnings you have experienced.
However, in order for your claim for problems after a hysterectomy procedure to be successful, it has to be shown that your injury was not one of the “accepted risks” of a hysterectomy procedure, or that you underwent the operation without giving your “informed consent” – i.e. that the accepted risks of the procedure were not explained to you beforehand.
If you gave you “informed consent”, knowing that there was a risk of hysterectomy complications, it will be very difficult to make a claim for problems after a hysterectomy procedure unless it can be demonstrated that there was a failure to recognise accidental damage, that the accidental damage was left unrepaired, and that the damage deteriorated into a vesico vaginal fistula.
Making a Claim for Problems after a Hysterectomy Procedure
In order to establish whether you are entitled to compensation for hysterectomy complications, your solicitor will ask you for authorisation to access your medical records and the consent form you will have completed prior to undergoing the surgical procedure.
Your medical records will be reviewed by a medical expert to determine whether “at the time and in the circumstances” your surgeon was negligent for failing to recognise and repair accidental damage, and to ascertain that the surgeon´s negligence was the cause of your hysterectomy complications. Your solicitor will review the consent form to determine the level of “accepted risks” you agreed to.
Provided that there is sufficient evidence of medical negligence to support a claim for problems after a hysterectomy procedure – and provided the problems were not caused by a risk of injury you accepted – your solicitor will compile a “Letter of Claim” advising the NHS Trust responsible for your care that you are claiming compensation for hysterectomy complications.
How Much Compensation for Hysterectomy Compensation?
Even before the NHS Trust has admitted liability for your injury, your solicitor will have calculated how much compensation for hysterectomy complications you are entitled to. The main consideration is often the impact that your surgeon´s mistake has had on your physical quality of life and emotional wellbeing, and your solicitor will also take into account the financial impact of your surgeon´s negligence if you have incurred costs or lost income because you are unable to work.
To determine a financial value for your claim for problems after a hysterectomy procedure, your solicitor will refer to the Judicial Studies Board Guidelines for General Damages in Personal Injury Cases and adjust the financial values published in the Guidelines to account for your age and general state of health before your hysterectomy procedure.
Your solicitor will also ask you about pastimes and recreational pursuits that you are no longer able to participate in because of your hysterectomy complications and ask for proof of prior earnings if your claim for problems after a hysterectomy procedure is to include the recovery of your lost income.
Further Advice about Hysterectomy Compensation Claims
As there are many factors which will influence your eligibility to claim for problems after a hysterectomy procedure and how much compensation for hysterectomy complications you will be entitled to, it is important that you receive accurate and independent legal advice. Consequently we invite you to call our Medical Negligence Advice Bureau and discuss the circumstances of your hysterectomy – and its consequences – with a medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about claiming compensation for hysterectomy complications and expand on how it is determined whether or not you gave your informed consent prior to the procedure. Please be aware that any information you relate to our solicitor is strictly confidential.
Please also be aware that, by calling our Medical Negligence Advice Bureau, you are not committing to claiming compensation for hysterectomy complications. Our aim is to provide you with the information you need, so that you are able to make an informed decision about whether you have a claim for problems after a hysterectomy procedure that may be worth your while to pursue.