“I Woke Up Without My Ovary”: When Ovarian Cyst Surgery Goes Wrong

Contraception and gynaecology guides · 13 min read · Published 10 November 2026 · Reviewed 10 November 2026 · Next review May 2027

By Dr Rosemary Listing, PhD (Law) · Medical negligence lawyer since 2014 · Of Counsel, Peter Evans & Associates

If you woke from surgery to find more was removed than you agreed to, or were injured during cyst surgery, I want you to know that your shock and your questions are completely understandable. Decisions about your ovaries are decisions about your fertility and your body.

This guide covers ovarian cysts, the surgical options, consent, the risks of keyhole surgery, what your records should show, and how the law looks at it.

Start with your question

• Do all ovarian cysts need surgery?
• What is the difference between cystectomy and oophorectomy?
• Can a surgeon remove my ovary without asking?
• What are the risks of ovarian cyst surgery?
• Will removing an ovary affect my fertility?
• What symptoms after surgery are an emergency?
• Could this be medical negligence?

Ovarian cysts

Mater explains that many ovarian cysts are normal follicles that form during ovulation and resolve without treatment, and that most abnormal cysts are benign, though ovarian cancer must be ruled out. Surgery is recommended if an abnormality is suspected or complications arise; otherwise many cysts are watched with ultrasound over several weeks.¹

Cystectomy or oophorectomy

Mater says that in younger patients, surgeons usually remove only the cyst and keep the ovary, and that after cystectomy the ovary usually resumes normal function. Older patients, or those with complicating factors, may need the ovary and tube removed.¹

Consent, and what happens if they find more

Before surgery, you should be told whether there is any chance your ovary will be removed, why, and what the surgeon will do if they find something unexpected. Unless there is an emergency, a surgeon generally shouldn’t go beyond what you agreed to. If you want your ovary kept unless there is no alternative, say so and ask for it to be written on the consent form.

Questions to ask before surgery

• Do you plan to remove the cyst only, or the ovary?
• In what situation would you remove the ovary, and will you wake me to discuss it first?
• How will this affect my fertility?
• Will the cyst be sent for testing?

The risks of the operation

healthdirect lists the risks of laparoscopic oophorectomy as including bleeding, infection, blood clots, injury to the bowel, bladder or blood vessels (some not noticed until after surgery), injury to the ureter, port-site hernia, conversion to open surgery, and infertility if both ovaries are removed before menopause.² Our guide to bowel injury during surgery explains why some injuries are found late.

Fertility and hormones

If one ovary is removed and the other works normally, periods and ovulation usually continue. If the remaining ovary doesn’t work, menopause may result.¹ Losing an ovary can still matter, especially for someone planning IVF or with a condition that may affect the other ovary in future.

Expected, worth a review, or emergency

Afterwards

You should be told what was found and done, and the pathology result. If your cyst was a cancer that wasn’t suspected beforehand, ask whether imaging and blood tests beforehand should have raised concern. For endometriosis cysts, see endometriosis laparoscopy complications.

What to look for in the records

Your records are often where the story becomes clear. You have a right to access your own health information. In NSW the Health Records and Information Privacy Act 2002 covers both public and private providers, and the Information and Privacy Commission explains how to ask.³ Our step-by-step guide to getting your medical records in Australia walks you through it.

How the law looks at it

Removing an ovary, or a complication during cyst surgery, is not automatically negligence. Sometimes an ovary can’t be saved, and injuries can happen with careful surgery. The legal questions are whether the surgery and the consent process met the standard expected, and whether any shortfall caused harm.

A claim usually turns on three questions: whether the care fell below what peers would widely accept as competent practice (section 5O of the Civil Liability Act 2002 (NSW))⁴, whether that shortfall probably caused harm you wouldn't otherwise have had (Tabet v Gett)⁵, and, where it matters, whether you were told the material risks first (Rogers v Whitaker)⁶⁷. Our guide to how a medical negligence claim works explains each one in plain terms.

In an ovarian cyst case, the questions might be: was surgery needed? Was keeping the ovary attempted where appropriate? Did your consent cover removing the ovary? If not, was there an emergency that justified going further? Were injuries recognised and treated promptly?

In plain terms, the question is whether, with proper care and consent, you would probably have kept your ovary or avoided the injury.

For ovarian cyst surgery, that would usually include whether the ovary might be removed and why, the effect on fertility, and the risks of injury to nearby organs.

Who can claim, and when

The person who had the surgery can claim. In NSW, time usually runs from when you knew, or ought to have known, enough to claim, not from the treatment itself, and courts can sometimes extend it, so an old injury may still count. See time limits in NSW or other states, and ask early.

More: complaint or claim? · how a claim is paid for · what a claim can cover

In my practice

In ovarian surgery files, the gap is often between the consent form and the operation report. The form says “cystectomy”. The report describes a decision made in theatre to remove the ovary, without an emergency. For someone planning a family, that difference is enormous. Reading the two documents side by side is usually the first step.

Both things can be true

Your surgeon may have believed removing the ovary was the safest option, and you may still have been entitled to make that choice yourself. Both can be true.

The bigger picture

Complaints about care in NSW can go to the Health Care Complaints Commission,⁸ and you can check a surgeon’s registration on the Ahpra public register.⁹

Our endometriosis and gynaecology page brings together related guides, including IUD insertion and pelvic floor physiotherapy.

Support

You don't have to work through this alone. These services can help:

• Lifeline, 24-hour crisis support: 13 11 14 (listed on healthdirect's helplines page)¹⁰
• Beyond Blue, anxiety and depression support: 1300 22 4636
• Medicare Mental Health, help finding mental health support: 1800 595 212
• healthdirect, 24-hour nurse advice: 1800 022 222
• Health Care Complaints Commission (NSW): 1800 043 159

A woman who learned a new word in recovery now knows what she should have been asked. You deserve that respect too.

With care,
Rosemary

Frequently asked questions