When I went into hospital for a hysterectomy, I was told it would take 3 months for me to recover enough to return to work. However I am only now well enough to think about going back and it is 8 months since I had the operation.
This is because I suffered repeated infections following the operation and had several courses of antibiotics to deal with this. I also had a lot of pain. Eventually I was scanned and a swab had been left inside which was causing the repeated infections. This was removed in a further operation and I now feel much better.
Can I claim for all the time I have had off work and the further operation I needed to remove the swab?
During any operation, all tools and swabs used should be accounted for at the end of the operation to ensure, as in your case, none have been left behind. The fact that a swab was retained would show that this procedure was not followed and you should therefore be able to establish a claim in negligence.
You will be able to claim for additional pain and suffering and additional expenses you have incurred. You would have been in some discomfort following the hysterectomy in any event, so you will be entitled to compensation over and above that – that is, for the pain and problems arising from the retained swab, which will of course include compensation for the subsequent operation to remove the swab.
As to your expenses, you will be entitled to any lost wages you have suffered during the extended period of sick leave. Also you can claim, amongst other things, for any extra care your family provided to you, additional trips to the hospital and prescription charges.
I strongly advise you to seek legal advice without delay.
