Injuries that occur during a hysterectomy procedure can make an already stressful time even more overwhelming. No woman deserves to bear the consequences of a poorly-executed surgery. If you are suffering unexpected pain or other side effects due to a medical professional’s negligence after a hysterectomy, you may be eligible to file a medical malpractice claim,
What Is a Hysterectomy?
A hysterectomy is an operation in which a surgeon removes a woman’s uterus. Doctors generally employ this procedure only as a last-resort option when other treatments fail to address a woman’s womb-related health concerns. Conditions requiring a hysterectomy may include:
- Cervical or ovarian cancer
- Chronic pain
- Prolapse of the uterus
- Fibroids with excessive bleeding or extreme pain
A hysterectomy may be partial or total. In a total hysterectomy, the ovaries are removed, as well. The more invasive a surgery is, the greater risk it poses to the woman’s health. Less invasive surgeries can remove the uterus laparoscopically via small cuts, reducing the risk of infection. Open surgeries carry an increased risk of infection and may require the woman to remain in the hospital for several days to recover.
Potential Problems During Hysterectomy Procedures
All surgeries carry inherent risks, even if the surgeon does everything right. Yet when medical professionals operate carelessly or negligently, their patients face an even greater level of risk. The complications arising from these situations can lead to long-term or life-threatening injuries, including:
- Excessive bleeding
- Damage to the ureter, which connects the kidneys to the bladder
- Blood clots
- Injuries to the bladder or bowel
- Adverse reactions to anesthesia
- Scarring at the top of the vagina
- Spreading cancerous cells
- Small or large intestine perforation or obstruction
- Damage to the abdominal lining
How to Prove Medical Malpractice after a Hysterectomy
While some problems that occur during or after a hysterectomy are unavoidable, others only happen due to medical negligence. Your injuries may qualify for a medical malpractice claim if medical professionals:
- Did not inform you of the potential risks associated with the procedure
- Did something negligent that caused or contributed to a surgical or post-surgical problem
- Did not procure your consent to perform the hysterectomy (except in emergency circumstances)
Furthermore, you may have the right to file a medical malpractice claim if your doctor misdiagnosed you with something that required a hysterectomy or otherwise performed the procedure unnecessarily.
To prove that your injuries were a result of a doctor’s unreasonably poor care, Virginia law requires you to demonstrate that:
- They failed to provide care according to the degree of skill and diligence a reasonably prudent practitioner in the same field would demonstrate
- Their care was the direct cause of your injuries
In other words, you cannot win a medical malpractice claim by asserting that the surgeon’s care did not meet the highest possible standards. Furthermore, you will not qualify for compensation if your injuries would have occurred even without the doctor’s mistakes.
Contact an Experienced Virginia Medical Malpractice Attorney
If you have suffered injuries during or after a hysterectomy, and you believe your medical professionals caused the harm you have suffered, contact the seasoned medical malpractice attorneys at Strickland, Diviney & Segura. Our legal team could investigate the incident, gather the available evidence, consult with respected medical experts, and negotiate your compensation with the negligent party’s insurers. If they refuse to offer you the compensation you deserve for your losses, we could take your case to trial and fight for your best interests in court.
Our attorneys have successfully represented Virginians for decades, and we are ready to help protect your rights. Call us today at (540) 982-7787 or contact us online for a consultation to learn more about how we can help you.