Start your claim

February 14th 2018

Hospital Negligence

Five figure damages for patient after suffering bladder injury during hysterectomy

Five figure damages for patient after suffering bladder injury during hysterectomy

Hudgell Solicitors has secured a five-figure damages settlement for a woman after surgeons mistakenly punctured her bladder when carrying out a hysterectomy.

Hudgell Solicitors has secured a five-figure damages settlement for a woman after surgeons mistakenly punctured her bladder when carrying out a hysterectomy.

As a result of the error, which was not noticed at the time by doctors at Hull and East Yorkshire Women and Children’s Hospital, the 50-year-old woman collapsed in agony at home a week later and had to be rushed back to hospital by ambulance.

It was subsequently discovered her bladder had been punctured, caused by a heated surgical implement used during her hysterectomy, and had resulted in an infection.

She needed to have a catheter fitted whilst the wound healed, but also developed several urinary tract infections and a cyst on the site of her injury.

The cyst had to be removed during a second operation at Castle Hill Hospital in Cottingham, 10 months after her hysterectomy surgery.

Following legal action led by Hudgell Solicitors’ medical negligence team, Hull and East Yorkshire Hospitals NHS Trust has now agreed a damages settlement with the patient, who lives in the East Riding.

‘It was almost a year of things going wrong. I lost my faith in the medical profession’

The woman, who asked not to be named, had been referred for a laparoscopic subtotal hysterectomy – keyhole surgery to remove the womb – after fibroids were discovered.

She said the error during the initial surgery impacted on her life for almost a year. She was unable to work for three months and couldn’t take part in her show jumping hobby or take care of her horses, requiring care and support from family and friends.

She also says she often felt so poorly and anxious that she was unable to leave her home, and was fearful of her second operation to remove the cyst given all that had happened before, suffering from panic attacks.

“It was almost a year of things going wrong and I lost my faith in the medical profession,” she said.

“They said it was a routine operation and that thousands are performed every year, so you don’t expect to end up needing to have a catheter for two-and-a-half months. It was so embarrassing and upsetting.

“I didn’t want to go outside. Apart from feeling really poorly, I lost a lot of weight and it affected my mental wellbeing. I didn’t want people to see me like that.

“It was uncomfortable and horrible using the catheter. If my bladder filled up it was really painful. I’m pretty tough but that was awful.

“I was having panic attacks about having the cyst removed and I’d never had them before. I didn’t know what to do with myself and I went to see a counsellor.

“I was very anxious about having to go in for another operation. Before all of this, I had always been fit and healthy. Something like this really knocks your confidence and you’re never really sure what’s going to go wrong next.”

Injury would have been avoided had surgery been performed with ‘reasonable care and skill’

As part of the legal case it was alleged the hospital had breached its duty of care though ‘excessive or inappropriate use’ of the heated implement when carrying out the hysterectomy on August 5, 2013.

Having taken the opinion of independent medical experts, it was alleged the surgeon failed to move the bladder away from any attachments to the cervix, causing the damage during the procedure.

It was also claimed that had the surgery been performed with ‘reasonable care and skill’, the injury to her bladder and the need for a catheter would have been avoided, and as a result she would then not have has to endure an extended recovery period, would not have required the support of counsellors and occupational therapists, and would have avoided an additional hospital admission and treatment for the cyst on her bladder.

It was also alleged that the hospital had been negligent in failing to diagnose the injury to her bladder when she was readmitted as an on August 12. At the time she was complaining of abdominal pain, shaking, was clammy and she feeling sick.

The injury to her bladder was finally diagnosed nine days later, on August 21, during which time the patient had been in ‘continued pain’.

Hospital Trust denied allegations but offered five-figure damages when court case loomed

Although the Trust did not admit liability throughout all legal representations, it finally offered a five-figure damages settlement when Hudgell Solicitors were set to submit papers for the matter to be considered at court.

Sam Thompson, part of the medical negligence team at Hudgell Solicitors, represented the woman in the case, and said: “The basic facts are that my client went into hospital for what should have been a routine procedure to resolve a personal problem which had been causing her difficulties and she suffered avoidable injuries which caused her long term pain and suffering.

“It was our case that the unacceptable and excessive use of a surgical tool caused the initial injury, and as a result she was still needing further treatment and surgery 10 months later.

“I was pleased to be able to secure a positive outcome and a settlement for my client, but in my opinion the case could have been settled far easier and earlier because the issues were clear from the outset.

“The Trust decided to defend this claim but made an offer very late in proceedings shortly before the case was due to go to trial, when further challenging questions had been put forward.

“The reality is that this approach from the Trust only served to add additional legal costs to the matter, which I feel didn’t need to happen and could have been avoided.

“I hope my client can now put this behind her and move on with life as positively as possible.”

Despite experiencing such difficulties, the woman said she is looking ahead to the future and is positive about life.

“I’m doing well now and life is back to normal,” she said.

“I’m getting out and enjoying life. It’s just a shame it took so long to get to this point. It’s a lot of time out of someone’s life to rectify the mistake they made. I don’t want this to happen to anyone else. The hospital trust said procedures had been put in place, so I hope that means it won’t happen to anyone else ever again.”

The woman said her experience of Hudgell Solicitors was positive and her case was handled well.

“Hudgell Solicitors took me through the legal action, gathered my medical notes for investigation and arranged for me to see a urology consultant to get an independent expert opinion. They did a great job and took it through to the end.”

What Our Clients Say

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Brillant service"

Brillant service , from start to finish definitely recommend hudgells solicitors all the hard work is done for you wouldn’t hesitate to use them again or recommend them

LeannFebruary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Hudgell Solicitors have given me…"

Hudgell Solicitors have given me outstanding service and support through a difficult time. They have assisted me in claiming compensation which they made the journey of getting it as easy as possible.

KatieFebruary 14, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Couldn't be easier"

Couldn't be easier. From the initial call the whole process was handled smoothly and effortlessly.

Kevin RobertFebruary 14, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Amazing !!"

I felt relaxed through the whole process, i was made to feel confident in winning my case which i would like to add i did 😁 .. the company kept me informed all the way through by emails aswell as telephone calls, i would highly recomend to everyone needing expert…

LesleyFebruary 11, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Really happy with the service I had…"

Really happy with the service I had from Hudgells & Alex was great!

Natalie PayneFebruary 10, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Claim resolved quickly and efficiently"

The lawyer was quick to respond and always kept me updated on progress. Everything was resolved efficiently. I would certainly recommend them to family and friends.

Lulu BFebruary 04, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"There when ever I needed to ask a…"

There when ever I needed to ask a question, very informative, brilliant job definitely use them again if I needed too

KatieFebruary 03, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Thank you Sarah Kidd"

Sarah Kidd was fantastic she give me the best advice always keeping me up to date with everything that was going on

Christopher DixonJanuary 31, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"It took over 3 years to resolve my case…"

It took over 3 years to resolve my case and Hudgell supported me throughout with great sensitivity and professionalism. My caseworker, Gemma, always kept me updated and was easily reached if l had questions to ask. Can wholeheartedly recommend Hudgell.

Robert WebsterJanuary 31, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Every time I phoned my call was…"

Every time I phoned my call was answered in a polite manner and I got answers to my questions.

KhalidJanuary 30, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Anthony and his team at Hudgell…"

Anthony and his team at Hudgell solicitors are extremely professional and caring People. From the first phone conversation right through to completion i was always kept updated, if i had any concerns and contacted them, they were always happy to listen and put my mind at rest. I would highly…

Mrs lisa martinJanuary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service"

Great service . Made me feel at ease . Proffesional and very quick to respond to any questions or concerns I would highly reccomend

LesleyJanuary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service"

Excellent service

JensonJanuary 21, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent service"

Excellent service, Alex Garven was most helpful in dealing with my claim. Many thanks for his hard work in getting a result for me,. It took quite a while but during that time I received regular progress updates and a quick response if I had any queries .

Jill ElliottJanuary 15, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Lauren Dale"

Lauren Dale was so sensitive when dealing with my mums claim and she totally understood what i really wanted from the outcome. she kept me fully informed of everything, as and when it happened. I cannot thank her enough for her help and understanding on such a sensitive case. 5…

Jane from North YorkshieJanuary 11, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent Service"

Excellent, professional and friendly solicitors. It was a very simple process and they kept in constant contact to update me on any developments. Would definitely recommend.

Philippa January 09, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Could not have been simpler or easier"

Could not have been simpler or easier, they did everything required and more. Nice, pleasant to talk to, they do all the leg work, put everything into context and resolve as quick as possible. Hopefully will not have to use again but if a situation arises then would not hesitate…

DarrenJanuary 08, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Very helpful and always kept in touch…"

Very helpful and always kept in touch via email through the while process. Highly recommended

Joseph Conrad Waudby January 07, 2020

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Brilliant customer service"

Brilliant customer service, always will contact you as they say they will. Have been very helpful with my case and explained the process thoroughly, very easy to understand. Would definitely recommend.

Julia MatildaJanuary 07, 2020