According to the Centers for Disease Control and Prevention (CDC), hysterectomy remains one of the most commonly performed surgical procedures for women in the United States.
When you undergo a hysterectomy, you trust that your surgeon will perform the procedure safely and that the recovery will go as planned. Many women have to go through this surgery for conditions like uterine fibroids, endometriosis, chronic pelvic pain, or abnormal bleeding.
If you’re reading this because your laparoscopic hysterectomy resulted in unexpected pain, infection, or long-term complications, you’re not alone. Several women have had to deal with injuries from this surgery, and sometimes it may be because their healthcare team was negligent, or because the product used in the surgery didn’t perform as expected.
At Shapiro, Washburn & Sharp, we have decades of experience handling complex medical malpractice cases. Our attorneys have earned recognition such as Best Law Firms® Tier 1 rankings and multiple Super Lawyers selections—awards reflecting the depth of trial experience required in this type of litigation.
If you or a loved one has been injured during this type of surgery and has questions, contact us at 833-997-1774 for a free consultation with our Virginia Beach medical malpractice lawyers.
What Is a Hysterectomy?
A hysterectomy is the surgical removal of a woman’s uterus due to health issues. The procedure is typically recommended for severe fibroids, endometriosis, uterine prolapse, cancerous conditions, or heavy bleeding that doesn’t respond to less invasive treatments.
Depending on the medical condition, the surgeon may also remove the cervix, fallopian tubes, or ovaries. While major surgery always comes with risks, many women choose a hysterectomy because they were told it would help them experience less pain, fewer symptoms, and a better quality of life.
For decades, surgeons performed hysterectomies through large abdominal incisions. This open technique gave surgeons a full, unobstructed view of the pelvic organs, which increased their ability to do it correctly. It did result in side effects, however, including postoperative pain, visible scarring, a higher infection risk, and a longer hospital stay. While it was typically effective, it required a longer recovery period and involved more physical trauma.
What Is a Laparoscopic Hysterectomy?
Laparoscopic hysterectomy came along later as medical procedures became more advanced. It is called a “minimally invasive” surgery because it uses several small incisions, usually only a few centimeters long, through which the surgeon inserts instruments, such as a camera, to be able to view the surgical area and accurately perform the procedure.
Patients and doctors often prefer this procedure to the traditional large incision option because of its advantages:
- Less postoperative pain
- Shorter hospital stays (often less than 24 hours)
- Smaller scars
- Faster recovery times
- Reduced risk of infection and blood loss
Many women are able to return to their normal activities within two to four weeks, compared to six to eight weeks with the traditional surgery.
Even this option, however, comes with its own set of risks. This is mainly because the surgeon has only a limited view of the internal organs.
What Are the Risks of Laparoscopic Hysterectomy?
One of the most common and severe complications of laparoscopic hysterectomy is ureter damage. The ureters take urine from the kidneys to the bladder and run very close to the uterus. During laparoscopic surgery, the surgeon works with limited visibility and relies heavily on the camera’s perspective rather than the surgeon’s direct sight. Accidental injury can occur when the ureter is cut, clipped, or cauterized. If this happens, urine may leak into the abdominal cavity, causing peritonitis (the thin layer inside the abdomen is inflamed), infection, kidney damage, or even long-term loss of kidney function.
Another unintended injury that may occur in hysterectomy is bowel perforation, which is a nice medical way of saying that a doctor accidentally cuts open or lacerates a part of your bowel. The bowel can mean the small intestines, which stretch over 20 feet, or your large intestine, which is also called the colon.
Sometimes, instruments not only have a sharp blade, but other modern surgical instruments use harmonic energy, which is so powerful that it can burn and cause a hole or perforation in the exterior of the small intestine or the colon. If a doctor inadvertently cuts, lacerates, or burns open your small intestine or bowel, it can be the basis for a medical malpractice action if the surgeon is completely unaware of the incident and closes you or the patient back up, fully oblivious to the injuries inflicted.
What typically happens is the patient may go home after the hysterectomy, thinking everything went well. Then pain and the failure to have proper bowel function crop up within the first or one of several days after being released from the hospital. Especially if your surgeon fails to respond appropriately to your complaints of pain, or if you end up in the emergency department due to the pain, this could end up being a medical malpractice case we would be interested in.
Unless there is an egregious circumstance, our firm is no longer accepting ureter injury cases after a hysterectomy unless there is damage to both of the ureters, for example.
Many patients injured this way have to go through additional surgeries and extended hospitalization, and may have to have drainage tubes or stents implanted. Some endure recurrent urinary tract infections and chronic pain in the abdomen or flank area. In the most severe cases, they can suffer permanent disability.
If a doctor doesn’t quickly identify and treat these injuries, patients can become seriously ill, requiring emergency treatment and multiple corrective procedures. The emotional and physical toll can be great, both on the patient and her family.
How A Medical Malpractice Lawyer Can Help
While there are risks with any surgical procedure, most may be preventable with the proper surgical technique, adequate training, and appropriate precautions. If you’ve been hurt in one of these procedures, contact our offices right away. We will help you review your medical records and calculate the full extent of your damages, while consulting with medical experts who can evaluate whether your injury was preventable. We can also negotiate with the insurance companies on your behalf and represent you in court if necessary.
In a recent case, for example, we represented a client who developed unremitting incontinence within two weeks of her hysterectomy. During our investigation, we consulted with medical experts, who concluded that the procedure was unnecessary given the woman’s symptoms and history, and also that the procedure was negligently conducted and caused her incontinence. We worked with a mediator on our client’s behalf and secured a $675,000 settlement with confidential terms.
You can find our offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake.
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- Is a Cut to the Bowel or Colon During a Hysterectomy Medical Malpractice?
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