At MDS, we understand that undergoing a hysterectomy is a major life event, which can often be both physically and emotionally challenging. When a hysterectomy is needed because of medical negligence, it can be so much worse for you and your family.  

As specialist lawyers in medical negligence, we support people who have been harmed due to substandard care. We can help you get answers about what happened to you, and if your case is successful, we will negotiate a fair settlement, so that you can start to move on with your life.

In this guide, we will explain the essential steps to take if you believe your hysterectomy was the result of medical negligence. Whether you are just beginning to question your treatment or are already considering legal action, this post will provide you with the guidance, insight, and confidence to move forward.

‍

Understanding Hysterectomy and Medical Negligence

A hysterectomy is the surgical removal of the uterus and, in some cases, other reproductive organs. There are many non-negligent medical reasons why a hysterectomy may be recommended, including uterine fibroids, endometriosis, cancer, or uncontrollable bleeding.

However, if a hysterectomy is performed unnecessarily, without informed consent, or if the surgery is not performed properly, then there could be a claim for medical negligence. Hysterectomy negligence can lead to serious problems, including permanent physical injuries, emotional trauma, and infertility. If this has happened to you, then you may have a hysterectomy claim.

At MDS, we help people pursue a hysterectomy claim when there has been medical negligence. We work tirelessly to ensure that our clients receive the compensation they deserve.

Common Forms of Hysterectomy Negligence

Hysterectomy negligence can take many forms. Some of the most common scenarios are:

• Unnecessary hysterectomy: Surgery was performed when other, less invasive treatments were available and appropriate.

• Failure to obtain informed consent: Patients were not fully informed about the risks, alternatives, or implications (e.g., infertility) of a hysterectomy.

• Surgical errors: Mistakes can be made during the operation, such as damage to nearby organs like the bladder or bowel.

• Post-operative negligence: If there is inadequate follow-up care, this can cause infection, internal bleeding, or other complications.

• Delayed diagnosis: If conditions such as cancer or fibroids are not identified in time, this can lead to the need for a hysterectomy that might have been avoidable with an earlier diagnosis.

‍Step-by-Step Guide: What to Do If You Suspect Hysterectomy Negligence

1. Recognise the Signs of Medical Negligence

The first step is identifying whether your situation may involve hysterectomy negligence. Ask yourself:

• Were you fully informed about the procedure and its risks?

• Did your symptoms suggest alternative treatments that were not explored?

• Did something go wrong during or after surgery?

• Were you dismissed when you raised concerns?

If any of these questions strike a chord with you, you may have a claim. Contact us to discuss what happened and we will confirm if we can assist you.

‍

2. Request and Review Your Medical Records

You have a legal right to access your full medical history. Your records will include:

• Consultation notes

• Diagnostic test results

• Consent forms

• Operation reports

• Postoperative care notes.

These documents are essential when pursuing a hysterectomy claim, as they form the basis of evidence showing whether proper care was provided.

Tip: Request records as soon as possible. Hospitals typically respond within 30 days, but delays can occur.

Early sight of your medical records can be very useful to us if you contact us to discuss your concerns about your hysterectomy.

‍

3. Keep a Personal Diary and Collect Supporting Evidence

While medical records are crucial, your own experience matters too. Start making notes of:

• Your symptoms before and after the procedure

• The timeline of appointments and conversations

• Physical and emotional impacts (e.g. pain, fertility loss, depression)

• Any advice given by your doctors about the risks of the hysterectomy, or what you should expect from the procedure.

You can also include photos, prescription records, and witness statements from loved ones or caregivers. This can greatly strengthen your claim for hysterectomy compensation and is very helpful to us if you contact us to discuss your concerns.  

‍

4. Speak to a Specialist Medical Negligence Solicitor

Now is the time to contact a legal expert. At MDS, we offer a free initial consultation to assess your potential case. Our team will:

• Review your documents and timeline

• Identify whether there are any concerns about the treatment that you received, which could be negligent

• Explain the process of making a hysterectomy negligence claim

• Discuss your options, including no win, no fee arrangements.

Medical negligence is all that we do, which means we understand these complex cases and know how to secure the best outcomes for our clients. Our team has a lot of experience in hysterectomy claims and claims involving women’s health concerns. Contact us if you have concerns about the treatment that you or a loved one has received.

‍

5. Undergo an Independent Medical Assessment

If we can assist with your hysterectomy claim, and if it is appropriate to do so, then you will eventually need to have an assessment with one or more experienced, independent medical experts.  

These specialists will:

• Examine your current health and medical history, including looking at your medical records

• Provide a professional opinion on whether your care fell below an acceptable standard

• Determine the short- and long-term impacts of the negligence.

Expert evidence is critical in medical negligence claims. If we can assist with your claim, we will provide more information about obtaining expert evidence after we have conducted our initial investigations.

‍

6. Understand the Legal Process and Potential Outcomes

The claims process typically involves:

• Initial investigations: Considering what happened to you and analysing your medical records

• Obtaining independent expert evidence: The expert will comment on the care that you received and whether it fell below an acceptable standard. If the expert evidence is not supportive, we will advise you about your options.

• Letter of Claim: If the expert evidence is supportive, allegations outlining your case are sent to the potential Defendant.

• Response from the Defendant: The Defendant has the opportunity to respond to the allegations. They may obtain their own expert evidence at this stage.

The next stages of the claim depend on the response from the Defendant:

• Settlement: If liability is admitted, we negotiate a fair settlement.

• Court proceedings (if necessary): If a resolution is not reached after the Defendant responds to the Letter of Claim, we will advise you as to whether it will be appropriate to start court proceedings.

If a claim for hysterectomy negligence is successful, compensation can cover:

• Pain, suffering, and loss of amenity

• Loss of fertility or sexual function

• Psychological trauma

• Loss of income or future earnings

• Cost of further treatment or care

• Travel and other associated expenses.

The majority of medical negligence claims are concluded without going to court. Whatever happens in your case, we will support you every step of the way. We are in your corner.

‍

Real Stories: Lives Changed - Justice Delivered

Case Study 1: Delays in diagnosis result in an emergency hysterectomy

After delivering her baby, our client, Jessie*, had retained products of conception (retained placenta). She had a procedure in theatre to remove them because other methods, including medication, had been unsuccessful. 

During the procedure to remove the retained products, Jessie’s uterus was damaged, but this was not identified at the time. Afterwards, she was in severe pain due to internal bleeding caused by the damage to her uterus.  

Her complaints of pain were dismissed for several hours. This caused a delay in diagnosing the damage. Once the damage to her uterus was identified, it was too late and Jessie had to undergo an emergency hysterectomy.

The failures in Jessie’s case were numerous and easily avoidable. We secured an admission of liability from the hospital involved and later negotiated a significant settlement for Jessie.

Click here to read more about Jessie’s case.  

Feedback from MDS client “I am so grateful for your excellent work on my case. Your attention to every detail and precision on the case was incredible”.

‍

Case Study 2: Negligent reporting of smear test leaves young woman infertile

As a result of the incorrect reporting of smear test results our client, Amara*, developed cervical cancer resulting in her requiring a hysterectomy followed by chemotherapy and radiotherapy.

Fortunately, Amara’s treatment was successful, and her cancer was cured. But the cancer left her infertile, and Amara had wanted to have another child. She experienced an early menopause and needed HRT. The cancer treatment also left her with some gastrointestinal and bladder problems. She also experienced psychological symptoms as a result of the trauma of the diagnosis and implications of this.

At a meeting to review her previous smear test results Amara was informed that both her smear test results (taken 3 years apart) had been misread.  Both should have been reported as abnormal. Negligence was admitted and we negotiated compensation for Amara.

Click here to read more about Amara’s case.  

‍

Why Choose MDS for Your Hysterectomy Claim?

• We are Specialists: We only handle medical negligence claims.

• We are Compassionate: We treat every case with empathy and respect.

• We have Proven Results: We have a strong track record in successfully settling hysterectomy claims and securing compensation for our clients.

• We offer No Win, No Fee: We make justice accessible without financial risk to you.

We believe that no one should suffer in silence. If you are concerned that you have experienced hysterectomy negligence, you deserve answers. We are here to help you get them.

‍

Conclusion: Take Action, Protect Your Future

A hysterectomy can be life changing. If it happened due to medical negligence, you have every right to get answers and pursue justice. The physical, emotional, and financial burdens can seem overwhelming — but with legal support from MDS, you do not have to face them alone. We will be with you every step of the way.

At MDS, we are committed to helping you take back control. Contact us today for a free consultation, so that we can discuss your concerns and explore your options. Your voice matters—and your story deserves to be heard.

‍

May 2025 – Hysterectomy Awareness Month

May 2025 is Hysterectomy Awareness Month. The aim of the month is to raise awareness about hysterectomy surgery and the impact that the procedure has on patients and their families.

There are several charities in the UK that provide support to people who have undergone hysterectomies:

• Endometriosis UK – supports people who have had a hysterectomy due to endometriosis.

• The Menopause Charity – supports people who have had a hysterectomy due to the menopause, or for whom a hysterectomy has led to early menopause.

• Macmillan Cancer Support, Cancer Research UK, and The Eve Appeal – for people who have required a hysterectomy due to cancer.

Quote from author. Gemma Lewis, Partner and Specialist Medical Negligence Solicitor from MDS, said “Having a hysterectomy can have a huge impact on someone’s physical and psychological health, as well as their family life. If that hysterectomy should not have happened, the effects can be devastating. If you have any concerns about your treatment, please contact us for advice.”

MDS is a specialist medical negligence law firm. We specialise in claims involving cancer, maternity, and cauda equina syndrome. Our expert solicitors represent clients all around England and Wales, and we are dedicated to helping people who have been injured by medical negligence.

Our solicitors have extensive experience of representing clients and their families whose lives have been affected by hysterectomy negligence. Click here to read more about how we can help you.

If you are concerned about any care that you or a member of your family has received, please contact our experienced team on 0116 254 7456 or email: enquiries@moosaduke.com. You can also enquire online by clicking here.