Prolapse Surgery Negligence
Compensation Claims

If surgical negligence has set you back, we'll help you move forward

Prolapse due to medical negligence can result in claims for surgical correction and compensation for pain, suffering and loss of amenity.

If your life, or the life of a loved one, has been affected by prolapse surgery, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

You are not alone

A pelvic organ prolapse can be a caused by childbirth, previous pelvic surgery or, rarely, through extreme exertion such as heavy lifting or manual handling at work. The condition is not life-threatening, but it can affect an individual's quality of life.

Pelvic organ prolapse occurs when one or more of the pelvic organs prolapses, or bulges, into the vaginal wall. These organs include the uterus, bladder and bowel.

Pelvic prolapse is quite common, affecting 1 in 10 women over the age of 50 in the UK (rcog.org.uk).

If you are looking for information on prolapse symptoms and treatment, see: prolapse (nhs.uk).

How much compensation can I claim for prolapse surgery negligence?

The compensation you can claim for prolapse surgery negligence will be determined by:

• the nature and severity of your injury,
• the limitations your injury imposes on your daily life and work,
• any financial burdens or costs arising from your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying compensation for lost earnings, bonuses and overtime, special damages can cover any care costs and medical procedures you need, such as surgical repair, pelvic floor physical therapy and HRT.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average prolapse surgery general damages compensation table

The following prolapse surgery payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Bladder injury

Bowel injury

Non-facial body scars

Do I have a negligent prolapse surgery claim?

You have the right to claim compensation if the care you received did not meet the appropriate standard of care, and you were injured by this negligent treatment.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to make a surgical negligence claim?

You usually have 3 years to make a prolapse surgery claim. The timelimit starts from the date you discovered you were injured by negligent care (the date of knowledge).

For injured children, a claim can be started by a parent or guardian at any time before the child turns 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

Reasons for surgery

Surgery is typically offered if it is felt that the possible benefits outweigh the risks. Around 1 in 10 women will have surgery for a pelvic organ prolapse at some point in her life.

The most common type of surgery involves implanting a mesh device into the vagina to support the pelvic organs. However, some women have reported adverse health reactions after receiving an implant.

Anyone who has suffered complications after receiving prolapse surgery may be eligible make a medical negligence compensation claim.

Types of prolapse surgery

Mesh implant

Most surgical treatment options aim to improve the positioning and support of the pelvic organs. Sometimes a synthetic (non-absorbable) or biological (absorbable) mesh is used to support the vaginal tissues and hold the prolapsed organ in place. Around 1,500 mesh implants are used to treat pelvic organ prolapse each year.

Transvaginal tape

Positioning and support of the pelvic organs may also be achieved using a product known as transvaginal tape. Around 13,000 vaginal tape implants are used in the UK each year to treat prolapse and urinary incontinence.

Hysterectomy

Hysterectomy is a less common surgical option, but if the womb is prolapsed, removing it may deliver a better outcome for the patient.

Surgeons have a duty to recommend the type of treatment that is most suitable for the patient depending on the severity of prolapse, the age and health of the woman and whether she is planning to have children in the future.

Prolapse surgery and surgical mesh injury

The Medicines and Healthcare Products Regulatory Agency (MHRA) is investigating reports that some women are suffering serious health consequences after receiving mesh and transvaginal tape implants.

Complications that have been reported include:

• Protrusion of the mesh through nearby organs
• Mesh erosion, contraction or shrinkage
• Chronic and persistent pain
• Internal lacerations
• Vaginal discharge and bleeding
• Nerve damage
• Sexual problems
• Urinary incontinence.

In serious cases, injury to internal organs may occur, including perforation. The organs that are typically affected include the bowel, bladder, uterus and urethra.

Some women may require multiple revision surgeries to correct the problem. In some cases, the prolapse can return causing a significant adverse effect on quality of life.

See also:

Internal organ injury claims

Bowel injury claims

Bladder injury claims

Chronic pain injury claims

Nerve damage claims

Making a prolapse surgery claim

As a result of the complications that may arise, it is recommended that pelvic organ prolapse surgery should only be performed by specialist gynaecologists with experience in the surgical treatment of prolapse.

Doctors must also counsel patients before seeking their consent to the operation. Patients are entitled to receive information regarding:

• The risk of possible complications
• The uncertainty of long term results regarding the safety of mesh and tape products
• The chances of success with the use of mesh versus the use of other procedures
• Alternative treatment options.

A patient who is not given such advice and who suffers injury as a result may be eligible to make a compensation claim.

A claim may also be brought if there are errors in the way the surgery is carried out or if proper medical assistance is not given as a priority if things go wrong.

Prolapse surgery clinical negligence claims

Clinical negligence is the most common basis for prolapse surgery claims. Click the icon below for details on the claims process.

Medical negligence Other accidents

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.