Kelly’s Story: A Routine Surgery Gone Wrong

Settlement: 6 figures

Legal team on the case: Georgina Tither and Holly Shuttleworth

Case Type: Medical Negligence, Surgical Error

Our client, Kelly Nash, attended Eastbourne District General Hospital for what was expected to be a routine keyhole surgery (laparoscopic hysterectomy). A low-risk, minimally invasive procedure requiring only a short hospital stay. Instead, due to a surgical error, she endured a life-threatening emergency that radically affected her physical health and emotional wellbeing and permanently changed her daily life.

Kelly generously agreed to share her story in her own words, hoping it might help others who have been affected by medical negligence.

In the UK, around 55,000 hysterectomies are performed each year. According to the Hysterectomy Association between 30,000 and 40,000 of these are carried out by the NHS. Despite the high volume of procedures, surgical negligence remains relatively rare. In 2023/24, NHS Resolution reported 623 claims in the category of gynaecology, a figure that spans all types of gynaecological treatment, not just hysterectomies.

Life Before Negligence:

Before the negligent surgery, Kelly led a full and very independent life. She was comfortable in her job, had a passion for cars and driving, loved using her spin bike, enjoyed taking time out to holiday abroad, and relished in watching her children and grandchildren grow up. She entered the hospital feeling calm and optimistic, trusting the medical process.

Kelly was due to have a  laparoscopic hysterectomy, also known as a keyhole surgery, which is considered less invasive than an abdominal hysterectomy.

The Day of the Incident:

“I went in for what is classed as a standard keyhole hysterectomy, routine surgery.”

When Kelly was having her surgery, there were still ongoing COVID-19 restrictions. This meant she had to say goodbye to her husband, Mark, outside the hospital, unaware that this would be the last ‘normal’ moment between them for a very long time. Kelly was top of the surgical list, so she messaged Mark to let him know, giving him an idea of when to expect an update.

“My husband dropped me off at the door at 8:00 in the morning. You don’t think anything of it, you just carry on and go, Bye, see you later!”

During her surgery, Kelly experienced heavy internal bleeding. The surgical team were initially unable to locate the source. After investigation and suctioning it was discovered her bowel had been injured. A specialised surgeon was urgently called in to perform an emergency hartmann’s procedure, resulting in a colostomy stoma being put in place. This procedure effectively saved Kelly’s life.

After her operation Kelly was taken to ICU in a critical condition, her life at risk for the next 12 hours.

“Whilst they were doing the keyhole surgery, there was too much blood, they couldn’t see, they didn’t know where the blood was coming from. It wasn’t until they’d suctioned out that they saw they’d damaged my bowel…”

 An Avoidable Error:

Kelly’s minimally invasive, planned hysterectomy turned into a complex emergency due to delays in identifying and responding to internal bleeding. During the procedure, the surgeon performing the hysterectomy damaged Kelly’s bowel, a serious error that initially went unnoticed, leading to significant blood loss and a delayed emergency response.

This error led to long-term negative implications for Kelly, when she was fitted with a colostomy stoma whilst still under anaesthetic, an outcome she was never anticipating. Kelly was also immediately transferred to the intensive care in a very critical condition. At this point she and her family were completely unaware of her situation.

What should have been a short hospital stay had now turned into a prolonged, traumatic recovery with physical and emotional life-changing consequences.

“I was in ICU because I was extremely unwell, my potassium levels were dangerously high. They were trying to perform dialysis, but my body kept crashing.”

Post-Surgery Communication:

It had become quite late in the day, and Kelly’s husband, Mark, was becoming increasingly concerned after not hearing from her since much earlier that day. Both he and Kelly had expected to be able to communicate soon after the planned procedure, once she was in recovery.

Eventually, in the early evening, the hospital phoned Mark. The surgeon who performed the surgery was on the call and informed him that Kelly was stable but still under anaesthetic. As no concerns were raised in this initial call, Kelly’s husband was under the impression that everything had gone to plan.

Less than 30 minutes after this conversation, Kelly’s husband received another call from ICU urging him to prepare the family to come in, a message filled with fear and confusion. This disconnect in formal updates caused extreme emotional distress to her loved ones.

“Fifteen minutes later, he gets a call from ICU saying, ‘When are you coming to the hospital, Mr Nash? You need to prepare the family to come to the hospital.”

The next 12 hours were critical. When she finally woke up from her operation, which wasn’t until two days later, she was completely unaware of how much time had passed or what had happened.

“So I just thought I was waking up from general surgery and was going to be in recovery.”

Kelly at this point was feeling confused and was waiting for someone to tell her what had happened. She felt hungry but was not allowed to eat, she was deeply uncomfortable and would experience moments of sickness. During this time, Kelly was still unaware she had been fitted with a stoma bag or that her life had been at great risk just 12 hours earlier.

“I had tubes everywhere… The nurse said, ‘It hasn’t gone to plan. The surgeon’s going to come and speak to you.”

The surgeon eventually came to speak with Kelly, but by this point, due to COVID-19 restrictions, Mark had returned home. This meant Kelly was alone and vulnerable when receiving the unexpected news, that she had just come through a life and death situation and had been fitted with a colostomy bag, which she would likely need to use for the rest of her life. This was incredibly difficult for Kelly to process.

“I had staples from the top of my pubic line, up to my belly button and all across to my stoma”

It was only at this point Kelly was able to understand that she was facing a much longer road to recovery than she had anticipated, remaining under hospital care for ten days, far longer than the couple of nights she had expected.

Kelly was eventually transferred to Conquest Hospital in Hastings to continue her recovery. The move came during a time of extreme vulnerability; it also shows how far from routine her experience had become. It was at this hospital that Kelly spent the rest of her recovery, and for the first time, began to feel her welfare was being truly considered.

How Did Kelly’s Life Change?

“There’s so many things that have changed, you know, I’ve had to also change what I eat, what I drink, what I wear and what I can do”

Physically:

Kelly woke up with a permanent stoma, something she had neither discussed, prepared for, nor consented to. The use of a stoma brings on huge lifestyle changes, affecting all parts of a person’s daily routine.

Her recovery was much longer and more painful than she had anticipated, involving significant physical limitations. The adjustments required to manage her stoma bag far exceeded what she had expected from her planned elective hysterectomy.

Emotionally:

Kelly said it took her three years before she felt close to “normal” again. She described how her relationship with food changed drastically after having the stoma bag, and for a time, eating and drinking socially lost its joy.

Kelly also spoke about how her body image was affected, which impacted her confidence in how she dressed and how she saw herself.

One of the most difficult aspects for Kelly to come to terms with was the fact that, for two full days, she was unconscious and during that time, her life hung in the balance. Processing the idea that has been a deeply emotional part of her recovery.

“It took me three years to feel anything like normal again.”

Lifestyle, work and social:

Kelly was unable to drive for longer than originally expected after her hysterectomy and had to take extended time off work.

Once an active and sociable person, Kelly withdrew from many of the activities she once loved. She gave up using her spin bike as her feelings and confidence around exercise changed significantly. For a while, she was reluctant to attend social settings due to the lifestyle changes a stoma bag brings, an overwhelming adjustment for anyone, especially when given no preparation time. Kelly even changed her beloved car, as she could no longer drive it with the same enjoyment. Her car had been a symbol of her former independence.

“I sold my spin bike because I just said I can’t do it anymore. I can’t get on that bike…I can’t. If I do any exercise or take the dog for a walk or do any physical activities, I must wear a support belt, so you can imagine how warm you get when you exercise. And now I’ve got an extra layer on to stop me from getting a hernia.”

Mental Health Impact:

Travel anxiety, identity shifts, and the daily mental toll of managing her stoma is a new reality for Kelly. Yet through it all, Kelly has truly shown remarkable resilience and is an inspiration to those around her.

Life After Medical Negligence:

Kelly has a supportive husband and family, who she spoke about with gratitude and how they were there to help rebuild her life after the impact that medical negligence had on her.

With the professional guidance of Fletchers Solicitors’ medical negligence legal team, Kelly has been able to make practical changes to adapt to her new life. Funds from her settlement have allowed her to renovate her bathroom to better suit her physical needs, including the installation of a walk-in shower. She has also been able to ease the pressure of her mortgage and plan for any future care she may require. Since her case concluded she has reduced her hours to part-time, which has helped ease the pressures of adjusting to her new lifestyle.

How We Advocated for Kelly:

Solicitors Georgina Tither and Holly Shuttleworth worked closely with Kelly over the progress of her case. Fletchers Solicitors investigated the full timeline of events, obtained expert medical evidence, and highlighted the failings in Kelly’s care. We worked closely with Kelly to ensure her voice and lived experience were at the heart of the legal process. The case successfully settled for a 6 figure amount, reflecting the serious and lasting impact the negligence had on Kelly’s life.

Importantly for Kelly, the claim also led to a formal apology from the hospital where she had her surgery. She shared with us that this recognition was incredibly important for her emotional closure and has helped her begin to move forward with her life.

Reflecting on the case, Kelly commented: 

“Without the help of Georgina and the team at Fletchers, I would have given up. Georgina was out of this world and I truly couldn’t have gone through all the interviews, reliving what had happened, without her. Her guidance, professionalism, and knowledge are the best, and the friendship we built will never be forgotten. Georgina is truly one in a million and I’ll be forever grateful to her.”

Moving Forward:

Today, Kelly continues to process the events of that day, and there is still deep emotion tied to what she went through. Yet, she has shown remarkable resilience and grace throughout her journey.

By bravely sharing her experience with a wider audience, Kelly hopes to raise awareness about the impact of medical negligence and help others who may be facing similar challenges.

Have you experienced a medical procedure that didn’t go to plan?

Like Kelly, you may be facing a long road to recovery, physically, emotionally, and financially. Our compassionate No Win, No Fee solicitors are here to help you secure the compensation you deserve, with no upfront financial risk.

At Fletchers Solicitors, we see how life-changing medical negligence can be. We’ll listen to your story, find out what went wrong, and fight for the answers. Contact Fletchers Solicitors today to discuss your case.

Alongside Kelly, Fletchers is also helping other patients affected by gynaecology treatment (particularly at Doncaster Royal Infirmary) seek justice and compensation. Learn more about our group action and how we may be able to support you.