Can I Claim Compensation for a Bladder Cut During C-Section Surgery?

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Can I Claim Compensation for a Bladder Cut During C-Section Surgery?

A caesarean section is major abdominal surgery, and like any procedure of this kind, there is a risk of bladder injury or related complications. If something goes wrong in this way during a C-section, there can be serious physical concerns and emotional trauma to deal with in the immediate aftermath of the birth. This can make it difficult to care for your newborn and could leave you with long-term side effects that can affect your enjoyment of this special time.

Because a bladder injury is a known risk of C-section surgery, surgeons must take the necessary precautions to minimise any chance of harm. When a surgical procedure is carried out to the expected standards, the risk of bladder injury should be minimal. However, while not every complication is caused by poor care, there are situations where a bladder injury could have been avoided. If this has happened to you, and you are left injured  this could be a sign that medical negligence occurred.

If your bladder was cut during a C-section and you believe the care you received was substandard, you could have grounds for a medical negligence claim. Here, the expert medical negligence solicitors at JMW will explain the risks associated with surgical delivery, the steps doctors should take to prevent bladder injury and other related hazards, and the options you may have to take legal action in response. Making a claim is not only about holding those responsible for your injury to account - it can also address the costs associated with your injury and recover more comfortably.

How Can a Bladder Cut Happen During a C-Section?

Injury to the bladder or urinary tract is a significant risk associated with caesarean sections. The bladder sits close to the uterus, and it can be vulnerable to damage during a C-section, especially if the surgery is carried out in an emergency or the person has had previous surgery or multiple caesarean sections before. A bladder injury might involve a small tear, a deeper cut, or damage caused by instruments used during the procedure. In many cases, surgeons identify the injury during the operation and can carry out a bladder injury repair procedure straight away to minimise any lasting damage.

However, if the injury is not recognised at the time the consequences can be more serious and long-lasting. Similarly, if the surgical team failed to take reasonable precautions before caesarean surgery or did not deliver an acceptable standard of care, the injury may be the result of medical negligence. This would typically entitle you to make a caesarean section compensation claim for your injury and any side effects or ongoing symptoms.

When Is a Bladder Injury Considered Medical Negligence?

There are several ways the bladder can be injured during a caesarean section that would be considered the result of medical negligence. One of the most common causes is poor surgical technique - for example, if the surgeon misjudges the location of the bladder when making an incision. This could be considered negligence even in an emergency situation or where there is limited visibility, especially if the surgeon does not correct their mistake - efforts to repair bladder injury should be carried out urgently. Emergency surgery carries a higher risk of bladder injury compared to elective caesarean section procedures, but should still be approached with a high standard of care.

An inadvertent bladder injury can also happen if the surgical team fails to account for known risks, such as scar tissue (adhesions) from previous caesareans or abdominal surgeries. These adhesions can distort the position of internal organs, making it more difficult to carry out the procedure safely. If the team does not plan appropriately or take extra care in these situations, it can increase the likelihood of causing damage.

Other causes may include:

  • Using instruments inappropriately or without sufficient control
  • Using poor technique when cutting or separating tissues
  • Inadequate supervision of junior surgical staff
  • Failure to properly move or protect the bladder during surgery, including misidentifying the position of the bladder and therefore making an avoidable incision
  • Rushing or miscommunication during the procedure
  • Failing to take proper account of known risk factors, such as scar tissue from previous surgeries
  • Not recognising the injury during surgery, leading to complications and delayed treatment
  • Providing inadequate post-operative care or failing to act on symptoms of injury

Sometimes it may be impossible to avoid bladder injury, but the cut should be noted and addressed urgently. If the damage was preventable, or if it was not recognised and treated quickly, there may be grounds for a medical negligence claim. Similarly, if the quality of aftercare is not sufficient to monitor for symptoms of a bladder injury and act promptly, this could entitle you to compensation.

Can I Make a Claim for a Bladder Injury?

A bladder cut may be classed as medical negligence if it happened because the care you were provided fell below the standard expected of a competent healthcare professional. You might also be able to bring a claim if a recognised injury was made worse because of how it was handled - for instance, if you experienced a delay in diagnosis, or were not referred for further treatment when needed. Late diagnosis can increase the risk of complications such as kidney damage, or the need for more invasive surgery. It can also prolong your recovery and cause distress during what should be a time of rest and bonding with your baby. As such, this can also entitle you to compensation.

At the heart of any claim for medical negligence is the question of whether or not the injury or outcome could have been avoided. Beyond this, you must prove that you experienced harm as a direct result of the negligent care you received. It is not enough to prove that surgery went wrong - you must show that your injuries were caused by medical mistakes rather than other risk factors.

A solicitor will help with this, and your first step should be to contact a law firm that specialises in medical negligence cases. At JMW, we can hold a free initial consultation during which we will discuss your surgery and the bladder injury you suffered, and let you know whether or not you are entitled to claim.

How Much Compensation Could I Receive?

Compensation for a bladder cut during C-section delivery is based on the nature of your injuries and any financial losses associated with the mistake. Injuries can include both physical and psychological side effects of bladder damage during a  C-section, which may be immediate or long-term, depending on the severity of the damage and how quickly it is identified and treated. Common effects of a bladder injury may include:

  • Pain and discomfort - especially if the injury was not repaired promptly or has led to further complications
  • Incontinence or leakage - which can be distressing and affect day-to-day activities
  • Need for further treatment or surgery - such as catheterisation, bladder repair, or urological procedures
  • Emotional distress - including feelings of embarrassment, anxiety, or trauma linked to the birth experience

All of these factors will be accounted for by your solicitor and factored into your claim. If you can provide receipts for any of the following expenses, these can also be factored into your claim:

  • Lost earnings, if you had to take extra time off work to recover beyond your planned maternity leave
  • Future loss of earnings if your ability to return to work or progress in your job has been affected
  • Costs of further treatment or surgery, including private healthcare where appropriate
  • Travel expenses for hospital visits or follow-up appointments
  • Medication costs or medical aids, such as incontinence products
  • Support at home, such as childcare or help with daily tasks during recovery
  • Psychological therapy if you have experienced trauma or mental health difficulties linked to your bladder damage.

This can help to make your recovery from a C-section bladder injury more comfortable, and give you access to the things you may need if your circumstances have changed.

How Do I Claim for a Bladder Injury During Caesarean Delivery?

If you believe your bladder injury during a C-section was caused by medical negligence, you should speak to a solicitor as soon as possible so they can begin the process of gathering evidence.

The most useful evidence your solicitor will obtain in a medical negligence claim often includes:

  • Your medical records - including antenatal notes, surgical records, post-operative observations, and discharge summaries
  • Details of the symptoms you experienced - both physical and emotional, especially if they were ongoing or worsened over time
  • Information about follow-up treatment - such as hospital admissions, referrals to specialists, or corrective surgery
  • Statements from you and those close to you - describing the impact the injury has had on your life
  • Independent medical reports - from experts who can assess your care and confirm if it fell below an acceptable standard

You may  be asked to keep a record of how the injury has affected you day to day - from needing extra help with your baby to difficulties returning to work following your maternity leave. This kind of evidence helps build a clear picture of the consequences you have experienced.

At JMW, our team can take care of obtaining your records and arranging expert reports to help you build as much evidence as possible. It can seem overwhelming to take legal action after a bladder injury caused during a caesarean section, especially when looking after a new addition to your family. JMW will take on the bulk of the responsibility for your claim, so you can focus on your family and your recovery. In many cases, we act on a no win, no fee basis, so there is no financial risk if your claim is not successful.

Find Out More

Get in touch with JMW today to learn more about the claims process and how we can help you after a caesarean section gone wrong. Call us on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.

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