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    Getting a hysterectomy can be a stressful experience, both physically and emotionally. While it can offer relief from conditions like heavy periods and remove gynaecological cancers, it can come with emotional trauma linked to loss of fertility and bodily changes. Unfortunately, some women will face the added strain of medical negligence. Our guide to using a hysterectomy negligence compensation claim calculator outlines your options in such a scenario.

    This guide will discuss everything, from the eligibility requirements for making a hysterectomy negligence claim to examples of valid cases for compensation. We will also introduce you to the topic of compensation, including what it can potentially cover, and the evidence you might need to support your claim.

    Towards the end of this guide, we will discuss the No Win No Fee contract offered by our panel of medical negligence solicitors. You can also find information on some of the services provided under this arrangement.

    In the meantime, if you have any immediate questions or believe you may have a valid hysterectomy claim, please contact our advisors today using the details below:

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    Jump To A Section

    1. Hysterectomy Negligence Compensation Claim Calculator
    2. Can I Make A Hysterectomy Claim?
    3. How Long Do I Have To Make A Claim For Hysterectomy Negligence?
    4. Examples Of Hysterectomy Compensation Claims
    5. What Is Needed When Making Hysterectomy Claims?
    6. Can I Make A No Win No Fee Hysterectomy Negligence Claim?
    7. Frequently Asked Questions
    8. Learn More

    Hysterectomy Negligence Compensation Claim Calculator

    Our hysterectomy negligence compensation claim calculator can provide insight into potential payouts for physical and psychological suffering, as well as the resulting financial losses. This handy calculator sources its information from the Judicial College Guidelines (JCG), a publication that contains a wide range of instances of harm and their related suggested compensation brackets. This harm is covered by a head of claim referred to as general damages.

    When assessing general damages, medical negligence solicitors often use the JCG to inform their calculations. You can see some brackets from the JCG in our table below. Please note carefully that the first figure isn’t from the JCG, and the table is intended to serve as guidelines only.

    Type of HarmCompensation GuidelinesNotes
    Multiple Very Severe Forms of Harm with Special DamagesUp to £500,000+Multiple very severe forms of harm with special damages, including loss of wages and private treatments.
    Bowels (a) Up to £224,790Double incontinence resulting in a complete loss of bowel and urinary function/control, as well as other medical complications.
    Bowels (b)Up to £183,190Total loss of natural bowel function and the claimant is dependent on a colostomy, depending on their age.
    Bladder (Double Incontinence)Up to £224,790This double incontinence will mean function for the claimant's bowels and bladder will be completely lost. There will also be a total loss of urinary control, together with additional medical complications.
    Bladder (Complete Loss of Function)Up to £171,680Complete loss of function and control.
    Bladder (Seriously Impaired Control)£78,080 to £97,540Serious impairment of control, coupled with some pain and incontinence.
    Female Reproductive System (a)£140,210 to £207,260The presence of infertility leading to sexual dysfunction, severe depression/anxiety, scarring, and pain.
    Female Reproductive System (b)£52,490 to £124,620The presence of sexual dysfunction that is likely permanent in a claimant with children, or who wouldn't have a family.
    Female Reproductive System (c)£68,440 to £87,070Infertility with no aggravating features or sexual dysfunction. Claimant will be young and without children.
    Female Reproductive System (d)£21,920 to £44,840Infertility without medical complications and sexual dysfunction. The claimant will already have children.

    How Is The Value Of My Hysterectomy Claim Determined?

    The value of your hysterectomy claim may be determined by 2 heads of compensation: General and special damages. The former is the starting point for a compensation claim and may take into account factors such as:

    • The type of harm caused and its severity
    • How your quality of life has been impacted
    • Whether you suffered psychological damage, for example, PTSD
    • If you have had to undergo invasive treatment
    • Whether you have suffered disfigurement or deformity
    • The prognosis for recovery and the presence of any long-term or permanent disability

    Compensation may also include special damages to cover the financial impact of your harm. This second head requires documented evidence to be included in a claim. You can see some examples of financial losses, together with the evidence they might need, below:

    • Lost wages, including a future loss of earnings. This impact can be verified using payslips or other documentation from your employer
    • Medical and rehabilitative care, such as private treatments, prescriptions, and occupational therapy. You could prove these expenses with bank statements and invoices
    • Travel between medical appointments. Receipts for petrol or bus fares can be useful here
    • Adaptations to property, like installing a stairlift. To prove these costs, you could use invoices or builders’ estimates

    It can be tricky to work out what type of compensation might apply to your unique claim. That’s why our team of advisors are here 24/7 to offer free, confidential guidance on the medical negligence claims process. They can also explain how to use the free hysterectomy negligence compensation claim calculator.

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    Can I Make A Hysterectomy Claim?

    Yes, you can make a hysterectomy claim as long as the following eligibility criteria are met:

    1. A medical professional or facility like a hospital must have owed you a duty of care
    2. They breached their duty of care 
    3. You suffered avoidable harm as a result of this breach

    Simply put, medical professionals, such as gynaecologists, are expected to provide their patients with a minimum standard of care. These standards are guided by organisations like the Royal College of Obstetricians and Gynaecologists. Think of this medical standard as a type of invisible agreement that is applied automatically to all patients.

    If your gynaecologist, nurse, or other healthcare professional falls below the expected standard, they may have breached their duty of care towards you. If that leads to unnecessary or avoidable harm, you may have a valid case to claim compensation.

    However, not all instances of harm result from substandard medical care. Sometimes, it’s simply unavoidable, even when the expected minimum standards are met by medical professionals. You can find some examples of hysterectomy negligence later on in this guide.

    If you are not quite clear on whether you meet the necessary eligibility criteria for claiming, connect with one of our expert advisors today. They can provide you with free advice and tell you whether you have a valid hysterectomy negligence claim.

    How Long Do I Have To Make A Claim For Hysterectomy Negligence?

    You have 3 years in which to start a claim for hysterectomy negligence, as per the Limitation Act 1980. These 3 years may run down from the date of the negligence or when you became aware you suffered unnecessarily because of it.

    As a potential claimant, you must abide by this 3-year window to help ensure you have a valid claim. With that being said, the legislation does acknowledge specific exemptions where it pauses time limits for:

    • An adult lacking mental capacity who can’t claim independently. Accordingly, time limits are indefinitely suspended unless the adult regains their mental capacity. In such cases, the 3 years will begin from the point at which capacity returns
    • A child under the age of 18, as they are too young to claim for themselves. The standard 3 years will apply from the day of their 18th birthday

    To allow these individuals to pursue compensation while time limits are on hold, a litigation friend can make a hysterectomy negligence claim on their behalf. This role enables a trusted individual (such as a parent or solicitor) to take responsibility for decision-making, representation, and communication in the best interests of the claimant.

    If you would like to see if you still have time to file a hysterectomy negligence claim, please contact us as soon as possible. They can provide you with tailored guidance, explain how to use a hysterectomy negligence compensation claim calculator, and offer further information on what a litigation friend is.

    Examples Of Hysterectomy Compensation Claims

    Please find examples of hysterectomy compensation claims below.

    Compensation For Unnecessary Hysterectomy

    If a medical professional fails to explore all treatment options or misinterprets test results, a patient may undergo an unnecessary hysterectomy. 

    • A patient is told that they require a hysterectomy, but the medical team has rushed the process without conducting sufficient testing to determine if the procedure is necessary. As a result of the recommendation, the patient assumes that they have no alternative, as their medical professional has disclosed none, so they proceed with the surgery. The patient discovers that the hysterectomy was not necessary, and is left with long-term sexual dysfunction on top of the infertility. 

    Claiming For Damage Caused During Surgery

    Surgeons must provide their patients with a standard of care that meets minimum expectations. If they fail to do so, it may result in surgical errors and otherwise avoidable harm. However, it’s important to note that not all damage caused during surgery is the result of medical negligence.

    • A surgeon is noticeably distracted during an operation and fails to identify a buildup of scar tissue around the patient’s bladder. Subsequently, they puncture the bladder, leaving the patient with permanent incontinence.

    Lack Of Adequate Care During Childbirth Compensation

    In some cases, a lack of adequate care during childbirth can lead to an otherwise avoidable peripartum hysterectomy. For instance, doctors or midwives might fail to monitor a patient adequately or not identify the warning signs of a condition like a pelvic organ prolapse.

    • A midwife repeatedly dismisses a patient’s cries for help and tells them that pain is normal in childbirth. Their failure to investigate means they miss the symptoms of a uterine inversion, causing severe damage to the uterus that necessitates a hysterectomy. 

    Failure To Obtain Informed Consent Claims

    Failing to obtain informed consent may occur if a medical professional doesn’t provide sufficient information about the hysterectomy. For example, patients should be told about the potential risks of the operation, whether there are any reasonable alternatives, and what would happen if the procedure isn’t carried out.

    • A surgeon rushes a patient’s consultation to accommodate a busy schedule and gives only a sparse overview of the operation. They omit the most significant risks associated with the hysterectomy and fail to address the patient’s questions adequately. Subsequently, the patient develops long-term depression as a result of how the operation triggers early menopause and impacts their libido (which the surgeon had failed to mention). 

    Compensation For A Misdiagnosis Leading To Hysterectomy

    Misdiagnoses can cause serious health complications for patients, leading to symptoms worsening as well as more invasive or aggressive treatment. Not every misdiagnosis will be due to substandard care, but the following scenario might result in a valid medical negligence claim:

    • A patient discloses that they have abnormal vaginal bleeding, but their doctor states that this is normal during menopause and refuses to refer the patient to a gynaecologist. It’s later discovered that the patient had womb cancer and now requires a hysterectomy because the GP misdiagnosed the disease.

    If one of the above examples of hysterectomy negligence has happened to you, please speak to one of our expert advisors. Even if your experience is different, you may have a case to claim compensation today. You can also keep reading our guide to using a hysterectomy negligence compensation claim calculator to see what evidence you could use to support your case.

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    What Is Needed When Making Hysterectomy Claims?

    The key thing needed when making hysterectomy claims is evidence. That is because evidence can support the validity of your claim by showing how someone, like a doctor, breached their duty of care and caused you to suffer unnecessary harm as a result.

    Please have a read of the examples of evidence below, which one of the specialist solicitors making up our panel can help you secure:

    • Medical records, such as gynaecological ultrasounds, Pap smear results, and notes on the harm you experienced
    • Contact information of witnesses so a solicitor from our panel can gather supporting statements for your case
    • Your personal account of the harm you have suffered
    • Photographs of any visible harm, such as disfigurement or noticeable signs of infection

    The idea of gathering evidence can be overwhelming, and that’s why our panel of solicitors are here to help secure proof for your hysterectomy negligence claim. Get in touch with our advisory team today to find out more, or keep reading to see some of the many other benefits of working with one of the solicitors from our panel.

    Can I Make A No Win No Fee Hysterectomy Negligence Claim?

    You can make a No Win No Fee hysterectomy negligence claim if you have valid grounds to do so. Here at Compensation Calculator UK, we work with a panel of solicitors who can assist you in claiming on a No Win No Fee basis through a Conditional Fee Agreement (CFA).

    Our panel of specialist solicitors offer CFAs to their claimants because they believe no one should be discouraged from claiming due to their financial situation. Accordingly, it means you can be represented by one of them without paying any solicitor fees for their work:

    • Upfront
    • If your case loses
    • During the claim itself

    If your claim wins, you will be expected to pay a success fee to your solicitor for their services. This is paid directly out of your compensation in the form of a percentage, which is capped by The Conditional Fee Agreements Order 2013.

    On top of these No Win No Fee benefits, you will also gain access to a range of services offered by our panel of solicitors, some of which you can find below:

    • Evidence gathering: All the solicitors from our panel know precisely how to obtain evidence and piece it together to create a compelling narrative. They can also organise an independent medical assessment to help strengthen a claim
    • Expert negotiations: Our panel of solicitors have decades of combined experience negotiating on behalf of their clients. They’ve successfully secured compensation in claims nationwide, and they could help you next
    • Regular updates: You will be kept informed about the status of your claim, so you’ll never be unsure where it stands
    • Clear and transparent advice: Whether you have questions about terms or want to know more about your rights, a solicitor from our panel will provide straightforward answers free of any confusing jargon

    Contact Our Advisors

    Contact our advisors to learn more about the services offered by our panel of solicitors and see if you can get your claim started today. We understand that this is a challenging time as you navigate your recovery, so please don’t hesitate to reach out:

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    Frequently Asked Questions

    Keep reading for answers to some frequently asked questions about hysterectomies.

    What Is A Hysterectomy

    A hysterectomy is a surgical procedure to remove the uterus. Those who undergo this major operation are no longer able to have periods or get pregnant. It is most commonly performed on women aged 40 to 50 years old. 

    Are There Different Types Of Hysterectomies?

    Yes, there are different types of hysterectomies, classified according to what is removed during the procedure (uterus, cervix, ovaries, and fallopian tubes), as well as the surgical approach (abdominal, vaginal, laparoscopic, or robotic).

    How Long Is The Hysterectomy Recovery Time?

    The hysterectomy recovery time varies on a case-by-case basis and can depend on the type of procedure performed. However, the general rule of thumb is around 6 to 8 weeks for an abdominal hysterectomy.

    When May A Hysterectomy Be Necessary?

    A hysterectomy may be necessary for various reasons. However, some examples include:

    • Managing heavy or prolonged menstrual bleeding
    • Endometrosis
    • Uterine prolapse
    • Gynaecological cancers

    How Is A Hysterectomy Performed?

    A hysterectomy can be performed via abdominal (open), vaginal, laparoscopic, or robotic-assisted.

    What Are The Risks Of Undergoing A Hysterectomy?

    The risks of undergoing a hysterectomy include infection, bleeding, damage to surrounding organs, blood clots, nerve damage, and reactions to anaesthesia.

    Learn More

    Some more guides by us:

    • Have you suffered unnecessarily because of sepsis? Read our guide on sepsis compensation.
    • Did substandard care lead to your thyroid cancer being misdiagnosed? Check out our guide to claiming for a thyroid cancer misdiagnosis.
    • Was your breast cancer misdiagnosed because your doctor misinterpreted test results? See our guide on claiming for breast cancer misdiagnosis.

    Some additional reading:

    Thank you for taking the time to read our guide on using a hysterectomy negligence compensation claim calculator.

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