Hysteroscopy negligence claims.
Medical accident solicitor, Caroline Webber-Brown, looks at hysteroscopy and clinical negligence: Informed consent and compassionate care in focus.
What is Hysteroscopy?
Hysteroscopy is a standard gynaecological procedure used to examine the uterus. It is most commonly carried out in order to investigate issues such as heavy periods, infertility, or an abnormal finding at ultrasound scan. It involves passing a fine telescope-like tool (a hysteroscope) through the cervix, occasionally with biopsy or with minor surgical treatment.
Informed consent, communication, and pain control.
Even though the majority of patients tolerate the procedure well in the outpatient setting, a significant number experience severe pain, discomfort, or trauma, especially when pain medication or anaesthetic was not discussed or offered. As a supporter/advocate for better healthcare in women’s health procedures, in my view, informed consent, communication, and pain control must be central in patient care.
NICE Quality Standards expect clinicians to discuss the procedure and pain-control measures such as local anaesthesia, sedation, or general anaesthesia, with patients before the outpatient hysteroscopy is performed. More recently, and after the concerns about the procedure being raised repeatedly by campaign groups, the Royal College of Obstetricians and Gynaecologists set out in its Green-top Guideline No. 59 (Sept 2024) that most patients will tolerate the procedure well, but women should be advised they have a choice of general/regional anaesthesia or monitored sedation.
Patients should be informed that they may halt the hysteroscopy right away in case of unbearable pain, with the option of deferring and pursuing alternate settings or analgesia. This approach is supported by the Royal College of Obstetricians and Gynaecologists, which advises clear discussion as well as written advice on the risk of pain, along with available management options, such as deferring the procedure, should be given to all patients.
Hysteroscopy negligence claims.
From a legal viewpoint, clinical negligence will most probably occur when a patient was not properly advised concerning pain, alternatives of anaesthetics, or the right to stop the procedure, and then experiences injury or trauma.
When we speak about ‘consent’, this is not just a signed document, it’s a holistic process. Patients need to leave the consultation in no doubt as to what is involved in the hysteroscopy, the likely pain, pain relief options in terms of anaesthetics and analgesics, as well as their right to stop at any point.
Far too many women describe hysteroscopy without anaesthesia as distressing or even torturous. In one recent UK study, it was demonstrated that nearly one-third of outpatient hysteroscopy patients suffer severe pain. Reports in message forums and support groups record episodes of women screaming out, feeling compelled to push on, or fainting due to pain, because they were not properly informed or supported.
It is disheartening that these experiences persist. This could be explained by underfunding, the failure to provide adequate clinical training in pain medicine, outdated approaches in outpatient procedures, and a sadly still existent dismissive medical culture toward women’s pain.
I stand not just for safer procedures, but for a transparent, caring culture of care in women’s healthcare. Hysteroscopy needn’t hurt. But when it does, women deserve not just treatment, but genuine choice, respect, and care. No woman should be told that it was “just a little discomfort” when her pain and anxiety warrant affirmation and alternatives.
How we can help with substandard hysteroscopy care.
Our specialist medical negligence team, which has been independently rated as one of the best in the UK, are experienced in dealing with hysteroscopy negligence cases. We work on a fully funded No Win, No Fee basis, and will be happy to provide you with a free review of your claim.
For guidance on making a compensation claim, contact our free legal helpline. Call us on 0333 888 0412 or send an email to info@medicalaccidentlawyers.co.uk
