Last year I went into hospital for an operation to remove fibroids from the uterus. Before the operation, a doctor told me what was going to happen and asked me to sign a form so he could go ahead with the operation.
When I woke up from the operation the doctor told me he had done a hysterectomy. I was devastated and still can’t get over the shock. He didn’t tell me about the possibility of hysterectomy and had he done so, I wouldn’t have had the operation. I want to sue him and the hospital for doing this to me.
Before an operation is undertaken, the treating doctor must have ‘informed consent’ from a patient who is able to give such consent.
In your case, your treating doctor (at sometime prior to your operation) should have told you the name and nature of the operation, the benefits and serious or frequently occurring risks, any extra procedures which may become necessary and any other alternatives available to you. Any leaflets about the procedure should have been made available to you and you should have been given the opportunity to ask questions and tell the doctor of any specific procedures you did not wish to be carried out. If all of this was not done, then you were not in a position to give ‘informed consent ‘for the operation.
Guidance from the Department of Health in completing consent forms for gynaecological procedures specifically states that any extra procedures must be explained to the patient. Complications may arise whereby a further procedure is necessary for the health of the patient. Hysterectomy during an operation for removal of fibroids is a possible complication.
In your case, I would advise you to look at all the leaflets and information you were given prior to the operation and think carefully about what was discussed, not only at the time of the operation, but in all the previous consultations. If you are sure this complication was not discussed and you would not have gone ahead with the operation if you had known hysterectomy was a possibility, then you must seek legal advice on a possible claim against the hospital.
