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Surgical Negligence Claims
Reviewed by
Peter Rigby - Managing Director of Medical Negligence | Last updated on: 10th July, 2024
We've got your Surgical Negligence Claim covered
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Surgical Negligence Claims
Needing surgical intervention for an illness or severe injury is common among adults, and for most, the process is straightforward. The majority of surgeries performed are completed without any complications, as the doctors and medical staff who you entrust with your medical care are highly trained and fully capable of getting you on the road to recovery.
However, surgical procedures carry risks and there are instances where they don’t go as planned. Complications can take place through no fault of your surgeon or due to a negligent mistake. When a complication during or after surgery is the result of poor-quality care or negligence, you and your family may be entitled to compensation from a negligent surgery claim.
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What is a surgical negligence claim?
Surgical negligence is when a mistake is made during the process of a surgical procedure. Mistakes made during or after surgery can have devastating effects, with injuries ranging from minor to fatal in very unfortunate cases. If you have suffered an injury due to inadequate or poor care from a surgeon or healthcare professional, a surgical negligence claim can be paid to get you the compensation you deserve.
Types of Surgical Error Claims
While surgical negligence takes place in less than 1% of all surgery procedures throughout UK hospitals, there are several circumstances under which mistakes are common. These include:
- Performing a wrong site surgery
- Failed surgical procedure
- Incorrect surgical procedure
- Unnecessary surgery
- Delay in surgery
- Failure to remove unintended foreign objects during surgery
- Tissue damage – such as damage to veins and nerves
- Hernia surgery claims – if your hernia surgery left you with nerve or organ damage, or if your hernia was made worse during surgery, you could have a claim.
- Nerve Damage Claims
- Orthopaedic Claims
- Cosmetic surgery
- Spinal surgery
Having a surgical procedure performed inadequately can lead to scarring, perforated organs and severe infections internally or externally.
Whilst scars are a natural part of healing post-surgery, sometimes they can be more extensive than expected due to medical negligence. Excessive cutting or improper post-surgical care can result in significant and avoidable scarring or even infection.
Each of these supplemental issues causes a great deal of harm to the body and can have a lasting impact on your ability to live a quality life. When a surgical error takes place, you or your loved one has the right to answers and to potentially receive compensation for the harm caused by surgical negligence.
How much compensation can I receive for my negligent surgery claim?
Every surgical negligence claim is different and the amount of compensation received per claim will vary depending on the severity of the negligence. We recently helped a client to claim £9,250 in compensation against negligent surgery that left him severely injured but amounts can exceed £1 million. When calculating compensation, many factors are considered as part of the claims process, including the effect the surgery has had on the injured individual’s life, medical costs, and any loss of earnings.
Who pays for surgical negligence compensation claims?
The financial burden of a negligent surgery claim doesn’t fall on you or your loved ones. When a medical professional’s error leads to complications, the responsible party (usually the hospital or doctor’s insurance provider) is typically responsible for covering the compensation awarded. At Patient Claim Line we work on a no-win, no-fee basis. This means you won’t face any upfront costs or financial risk if your claim is unsuccessful.
The emotional and financial losses from surgical negligence can be profound and you don’t deserve to face any further financial stress. If you have suffered from surgical negligence such as a failure to remove foreign objects during surgery or another serious surgical outcome, you may be eligible for compensation. We can help you understand your rights and explore potential claims.
Billions have been spent on claims for medical negligence in the UK, but starting a claim for surgical negligence carries no financial risk for you. We’ll handle the total claims process for you, gathering the appropriate records and documents, and ultimately getting you the compensation you deserve – all on a no win, no fee basis.
What can I expect when I make a surgical error or failed operation claim?
It’s important to understand, when starting the surgical negligence claims process, that there is a time frame in which you must make the claim. In most cases, patients or their loved ones can bring a case for surgical negligence within three years of the incident taking place or from when the surgical negligence was recognised. If you’re unsure at all about the timing for your situation, don’t hesitate to give our experts a call and they will confirm. We can help you take legal action if you have experienced surgical negligence yourself, or if you are the next of kin of a patient who has died or unable to claim for themselves due to incapacity. No matter who is starting the surgical negligence claims process, it is in your best interest to contact us for legal guidance as soon as you are able, and there is no financial risk in doing so.
Preparing a surgical negligence claims involves you recounting your experience several times to ensure all details are documented accurately. While navigating the legal aspects of such claims can be complex, we’re here to help. We work with you and your loved ones on a no win, no fee basis to ensure a timely claims process, maximising your chances of receiving compensation.
Our experience covering surgical negligence claims
At Patient Claim Line, our experienced medical solicitors are well acquainted with the toll that a surgical negligence claim can take on you and your family. Because we work with one in 10 medical mistake claims cases in the UK, we know what it takes to get you through the process without causing unnecessary turmoil in your day-to-day life. Our first goal is to listen to what you experienced, and then get to work on obtaining the compensation you need.
What information do we need to process your surgical negligence claim?
If you’ve had a negative experience at the hospital, such as wrong site surgery, an unnecessary surgery, a delay in surgery, or a failure to remove foreign objects during surgery, we will need detailed information about what happened. That includes when the surgery happened, what complications arose during or after the operation, and what remedies you sought to minimise damages incurred. With your permission, we e will work directly with the hospital to secure the medical records and notes that explain the circumstances further, and from there we will begin the negotiation process to settle your claim.
If you’re unsure on your eligibility to make a a surgical negligence claim, you can start by submitting an enquiry online, calling to speak with one of our expert solicitors, or taking our simple 30 second claims test. Once we have listened to your story, we can better determine what your next steps should be in terms of legal action. Contact us today if you or a loved one has experienced the outcomes of surgical negligence and you want assistance getting the compensation you deserve.
Why Choose Patient Claim Line for your Surgical Negligence Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Surgical Negligence Claims
Our expert legal team answer your questions about making a Surgical Negligence Claim
- If you believe a surgeon has made a mistake during your surgery, the first thing to do is seek medical advice immediately. Make sure to keep copies of all medical records related to your treatment during and after surgery, as this will be crucial evidence later.
- You should then consider consulting a lawyer specialising in medical negligence who can help you understand your options. They will assess your case and advise you on whether a formal claim would be a good choice for you.
- It’s a good idea to choose a law firm offering ‘no win, no fee’ arrangements, as this means you can receive advice at no upfront cost to you.
You must make a surgical negligence claim within three years of the ‘date of knowledge’ in which you became aware that you suffered negligence during or after surgery.
In some cases this time limit can be flexible. If the person involved was under the age of 18 at the time of the medical mistake, the 3-year time limit will begin from their 18th birthday, running until their 21st birthday.
The most common types of surgical errors include:
Yes, it is possible to make a surgical negligence claim on behalf of someone who suffered a surgical negligence injury. You may put forward a claim on someone’s behalf in the unfortunate circumstances in which a loved one has lost their life due to surgical negligence or if the injured party does not have the mental capacity to put forward a claim themselves.
Meet our Surgical Negligence Team
Case Study
Sarah's Story
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.
