A woman has been awarded £82,500 damages from healthcare providers after suffering damage from surgical negligence to an internal organ during a hysterectomy procedure which she had not fully consented, leaving her needing further surgery,
The woman, who was 49 years old at the time, was an NHS patient who had the surgery at Trent Cliffs Private Hospital in Scunthorpe, owned by the Pioneer Medical Group.
Having suffered from heavy and painful menstrual bleeding for some years, she was referred to a consultant gynaecologist by her GP and was told in December 2021 that she required an abdominal hysterectomy, or the problem would persist.
She had the surgery on February 15, 2022, and was discharged the following day without painkillers despite being in significant pain and ‘struggling to walk’. Doctors had noted on her records that she had lost 500ml of blood.
The following day she saw her GP having suffered from continued abdominal pains and vomited four times. She was admitted to Pinderfields Hospital the next day, on February 17, but was not seen by a urologist for two days.
Only then was damage to her left ureter – a tube that carries urine from the kidney to the bladder – discovered, preventing urine from passing through.
She then had to undergo further surgery to fit a stent, remaining in the hospital for a further week. After being discharged she continued to suffer from constant abdominal pains, diarrhoea and urinary tract pain for several months, with the stent then removed in May 2022.
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Need for operation was never fully explained
The woman, of West Yorkshire, said it was never explained to her why she was having the hysterectomy operation, with no other options discussed with her.
She revealed she had also raised concerns on the day of the procedure because a nurse told her the surgeon and theatre team ‘hadn’t had a break all day’ as she went in for the operation at about 10 pm. She recalled:
No other options were discussed and I was told I needed to have the hysterectomy.
My sister had ovarian cancer about 20 years prior so the surgeon advised that he would proceed with a total hysterectomy and removal of my ovaries.
On the day of the procedure, when the nurse came to get me at about 10 pm, she said neither the surgeon nor the theatre team had eaten or had a break all day. I was concerned he would be tired and not focussed and I was losing confidence, so I suggested postponing the procedure, but my concerns were ignored.
I recall waking up in a lot of pain. I was told this was normal, but was also told by a nurse that I may need a transfusion as I had lost a lot of blood. No further information was given and it was all very cagey.
I was in agony but told the surgeon didn’t really want me to have pain relief due to constipation risk. I was in so much pain I was begging nurses for them and was eventually given some. At times I was in so much pain I felt like I was dying.
Nobody said there had been any complication with the surgery. I felt like a burden and that they wanted me out.
When the discharging nurse came for me I told her I didn’t think I could walk and my sister was shocked they were discharging me. She said I looked dead and asked why I hadn’t been given a wheelchair.
Admitted to hospital after being unwell at home
The woman says that after a few hours at home, she felt really unwell and was sick, so she contacted the clinic begging to be readmitted and then called an ambulance, which took her to Pinderfields Hospital. She said:
I had scan and a consultant said it looked like a problem with my bowel.
Then, after surgery I asked a nurse what had gone wrong and she said there was a cut at the ureter that had gone unnoticed and that they needed to do a lot of cleaning and removing or urine and blood clots. The nurse was angry and said it all could have been avoided.
The next morning I was still in absolute agony and I was told I’d need further surgery for a stent to be inserted.
It all had a huge impact on me and I was left traumatised and having panic attacks, and often feeling I needed to go to the toilet when I didn’t, so I was getting up throughout the night.
I ended up losing my job as I was off work for five months when it should have been just two weeks, and it impacted on my relationship with my husband. It was a nightmare.
Legal action taken against medical group and NHS Trust
As part of a legal claim against Pioneer Medical Group, it was not only alleged that the hysterectomy procedure had been carried out to a poor standard, resulting in injury but also that the patient had not been fully informed of alternative treatment options.
Senior Associate Solicitor Michelle Tebbutt, a medical negligence specialist at Hudgell Solicitors, said the patient should have been given the option of taking medication until she went into her natural menopause, and should not have been discharged home when she was clearly in pain after the hysterectomy.
The Group admitted the patient had not properly consented, and that the procedure was substandard given the injury caused.
As part of the claim, Pioneer Medical Group agreed to pay £77,500 damages, whilst Mid Yorkshire Teaching NHS Trust agreed to pay £5,000 compensation, accepting it caused a delay of around 37 hours when she was admitted to hospital on February 17, 2022.
It admitted that had appropriate tests been conducted, and had she been seen immediately by a urologist, a stent would have been fitted sooner.
‘Let down by two healthcare providers’
Ms Tebbutt said:
My client was let down by two healthcare providers, and both admitted to their failings.
The injury caused during the hysterectomy has led to a great deal of suffering, and this was the result of substandard surgery. It has impacted on her quality of life, both physically and mentally, and both her working and home life.
That should never have happened, but also, a hysterectomy should never have been carried out without my client being fully informed of all options, which the medical group admitted did not happen.
She should have been advised of the option of medical management until she went into her natural menopause.
Patients or a next of kin should be fully informed of the possible pros and cons of any procedure or treatment, and any alternative options available to them. If they are not, they are denied of their right to make their own decision as to the best course of action.
Finally, when she was admitted to Pinderfields Hospital, there was a delay in her seeing a specialist, leading to more avoidable pain and suffering. This was unacceptable too.
