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Hernia Surgery Compensation Claims
Reviewed by
Peter Rigby - Director of Medical Negligence | Last updated on: 13th May, 2024
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Hernias are a common medical issue, affecting thousands of people each year. Surgery is often the recommended course of action, with the NHS performing nearly 100,000 hernia repairs each year. Whilst medical professionals do all they can to ensure a successful outcome, sometimes complications can unfortunately arise. These injuries from negligent hernia surgery can cause significant pain and limit your mobility, impacting your ability to work and maintain a normal life during recovery.
If your hernia surgery resulted in nerve or organ damage or even worsened your existing hernia, you may be eligible to claim compensation. Our team can assess your situation and advise you on the possibility of making a claim. We’ll guide you through the legal process and fight for the compensation you deserve to help you recover and move forward.
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What is a hernia surgery claim?
A hernia occurs when an internal organ or tissue pushes through a weakened area in the surrounding muscle or tissue wall. Surgery is a very common treatment for hernias but complications can arise. Although not all mistakes are preventable, there are instances where negligence by a healthcare professional worsens a hernia or leads to additional injuries.
A hernia surgery claim focuses on situations where surgical mistakes or negligence caused additional harm or worsened your existing hernia. If you believe your hernia repair surgery resulted in complications due to medical negligence, you may be eligible to seek compensation for your pain, suffering, and even lost wages.
Negligence related to the diagnosis and medical advice of a professional can also occur. If you received a delayed hernia diagnosis, or were not properly advised of the risks of hernia surgery, you may have grounds for a hernia compensation claim.
Unsure if you have a case? Our experienced hernia claim solicitors offer free consultations to assess your situation and advise on the possibility of compensation.
Common types of hernia negligence
While most hernia repairs are successful, there are situations where negligence by a doctor or surgeon can worsen the problem.
Some common types of hernia negligence claims include:
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Hernia mesh complications
Three out of four hernia repairs use surgical mesh. This mesh aims to create a strong structure once tissue grows around it, however, problems can unfortunately arise.
The use of faulty mesh itself can lead to infections and chronic pain. Additionally, improper placement of the mesh during surgery can injure nearby nerves, blood vessels, or organs. Even the fasteners used to secure the mesh, such as tacks or staples, can cause damage to surrounding tissues if not placed correctly.
2. Missed or delayed diagnosis
Early diagnosis of a hernia is crucial, especially for certain types that carry a higher risk of strangulation. Strangulation occurs when the protruding tissue loses blood supply – this can lead to serious complications, becoming life-threatening if left untreated.
In a situation where a healthcare professional misses or delays a hernia diagnosis, particularly a strangulated hernia, it can have devastating consequences. The longer strangulation goes undiagnosed, the greater the risk of tissue damage, infection, or bowel perforation.
3. Organ damage during surgery
Organ damage during hernia surgery, though rare, can be devastating and require additional surgery to correct. Examples include:
- Bowel damage
- Bladder damage
- Testicular damage
- Blood vessel damage
4. Lack of informed consent
You have the right to be fully informed about risks, benefits, and alternative treatments before surgery. If you weren’t properly advised of these options, you may have a case for negligence.
How much is a hernia surgery settlement?
Hernia surgery negligence claims can help you recover compensation for the physical, financial, and emotional impact you’ve endured. The specific amount of a hernia surgery settlement will depend on the unique circumstances of your case, but here are the two main types of damages you might be eligible for:
General damages
This accounts for the pain and suffering caused by the negligence. The severity of your injury, its impact on your daily activities, and the length of your recovery will all be considered when determining the amount.
Special damages
This category reimburses you for expenses you paid due to the negligence. Examples might include medical prescriptions, lost earnings, and travel expenses.
Am I eligible to make a hernia compensation claim?
If negligence surrounding your hernia diagnosis or surgery resulted in unexpected complications, you could be eligible for compensation. This could include situations where the surgery caused nerve damage, organ damage, infection, or persistent pain. To be eligible, there needs to be evidence of negligence by a medical professional involved in your care.
To help you gather evidence, and determine the likelihood of a successful claim, we’d highly recommend seeking a free consultation with a medical negligence lawyer. A professional specialising in medical negligence can review your situation and advise you on the next steps.
No Win No Fee hernia surgery claims
Hernia surgery complications can be physically and financially draining. We understand the burden this places on you, which is why we offer a No Win No Fee approach for all hernia surgery negligence claims.
This option is preferable because it reduces financial risk – you won’t be required to pay any upfront costs to pursue your claim. Our legal team takes on the financial risk associated with the case and you only pay a fee if we successfully win compensation for you. This allows you to focus on your recovery without additional stress.
Why choose Patient Claim Line for your hernia surgery claim?
If you’re considering a hernia surgery negligence claim, it’s vital to choose a firm with the experience and dedication to fight for the compensation you deserve.
Our team has extensive experience with hernia surgery negligence cases and a successful track record of helping people like you get back on their feet. We prioritise clear communication and keeping you informed throughout the legal process. We are dedicated to ensuring you feel heard and supported during this challenging time.
Why Choose Patient Claim Line for your Hernia Surgery 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 Hernia Surgery Claims
Our expert legal team answer your questions about making a Hernia Surgery Claim
In most cases, you’ll need to file your claim within 3 years of either the date you were injured or the date your doctor diagnosed your hernia. If the injury happened when you were a minor, then this three-year time limit runs from the date that you turn 18 years old.
Hernia mesh cases can be very complicated and take between one and three years, on average. Each case is unique and the timeframe will vary depending on factors including how long the negotiation process takes and whether your case needs to go to court.
In the case of an NHS hernia surgery claim, the NHS Resolution organisation acts as the NHS’ insurer – assessing the situation, negotiating settlements, and ultimately paying the compensation.
If you received negligent treatment from a private medical professional, the compensation is typically paid by the private hospitals’ medical malpractice insurance. In some cases, the negligence might be attributed to a specific doctor or surgeon who performed the hernia surgery. If that’s the case, their individual medical malpractice insurance could be responsible for covering the compensation.
Your lawyer will investigate your case to determine who was negligent – the hospital itself, or a specific healthcare professional involved in your care.
The vast majority of hernia surgery claim cases we handle are settled outside of court. Our experienced medical negligence solicitors are skilled negotiators who work to secure fair compensation through out-of-court settlements.
If going to court does become necessary, know that you’ll be supported every step of the way. Our hernia claim specialists will guide you through the entire court process, from pre-trial preparation to representing your case during the hearing itself.
Meet our Hernia Surgery Claims 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.
