Negligent Delay in Surgery or Treatment Claims
Reviewed by
Peter Rigby - Director of Medical Negligence | Last updated on: 2nd August, 2024
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Timely diagnosis and treatment of medical conditions are crucial to ensure the best possible patient outcomes. If detected early, people now have a much better chance of achieving a full recovery or enjoying a life relatively free from pain, thanks to the advances in medicine. Obviously, the sooner illnesses can be diagnosed, the earlier doctors and nurses can begin treatment.
If, for any reason, your treatment or surgery is delayed, this can lead to irreversible complications and health issues that are far more serious than first anticipated.
In these circumstances, medical negligence could lie with several parties. Your GP may have failed to diagnose you or delayed your treatment, or negligence may be on the part of hospital staff such as specialists or the surgical team.
If you’re seeking professional legal advice around delayed treatment compensation or a negligent delay in surgery, our team at Patient Claim Line will be able to assist you.
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Delayed Treatment Compensation
Receiving much needed medical treatment can, understandably, come with concerns. The treatment itself may take time to become effective, and this can take its toll on you both physically and mentally. But when that treatment is delayed, your condition can worsen as a result of the additional wait time. It is important to understand that not all delays in treatment are due to medical negligence; however, if your delay resulted from a preventable error, you may be entitled to compensation.
If you have suffered a delay in treatment, or delayed diagnosis, we can help you assess whether you have the right to make a negligent delay claim. Your compensation will help to improve your recovery time and should take care of any future care or treatments that are needed on a private basis.
Delayed Surgery Compensation
A delay in surgery is when you are made to wait longer than expected for your scheduled operation. Surgical delays are something you would never want to experience; there’s an incredible amount of emotion endured even before you have entered the operating theatre.
Once we have the relevant dates and consultation information from you, our specialist medical negligence solicitors will investigate the claim. We are committed to bringing you the best service we possibly can, and it does not cost a penny to find out whether or not you have a delayed surgery claim.
What Constitutes A Claim For Delayed Surgery or Treatment?
You are entitled to pursue a claim for delayed surgery or treatment if the delays were a result of medical negligence. Negligence in this context refers to errors contributing to the worsening of a condition, on the part of medical professionals, which could have been prevented.
Examples of Commonly Delayed Treatment or Surgery Claims
Some examples of areas where delayed treatment or delay in surgery claims are common include:
Whilst these are some common examples, our lawyers can assess any situation and have experience handling claims for all types of negligent delays. Schedule a free call to discuss your specific case.
What Are The Consequences Of Delayed Treatment or Surgery?
Delayed treatment and surgery can have serious implications on a patient’s health depending on the length of the delay and the severity of the medical condition.
Implications of delayed treatment or surgery could include:
- The worsening of a medical condition, to the point where alternative treatment options need to be considered. This can lead to increased pain and, in some cases, the condition can become life-threatening.
- The patient’s recovery time could be affected, leading to increased healthcare costs as it may require longer hospital stays and more intensive treatment.
- An increased risk of complications, for example, an infection spreading to other parts of the body.
What Are The Causes Of A Negligent Delay In Surgery Or Treatment?
There are various factors which can contribute to negligent delayed surgery or treatment. Some of the common factors include:
- Improperly triaging a patient in A&E
- Misdiagnosis by a doctor
- The patient is referred to the wrong specialist
- Failure to send the patient for further testing or scans
Delayed treatment or surgery can also be the result of long NHS waiting times. Whilst this isn’t always due to negligence and the NHS is working tirelessly to reduce waiting times, incidents of medical negligence do unfortunately still occur.
For further information on NHS Waiting Times, we have created the following articles:
If your medical treatment or surgery was delayed due to increased waiting times and you have suffered health implications, you may be entitled to compensation for your suffering.
Can You Pursue An NHS Claim For Delay In Treatment?
You can pursue an NHS claim for delayed treatment if the delay caused you harm, and there is evidence that a healthcare provider breached their duty of care. We wholly appreciate that making an NHS delay claim can be a daunting prospect. However, when this delay comes as a result of negligence and your health is directly affected, pursuing a claim for delayed treatment compensation may be the best option for you.
This also applies to claims following delays to any surgical procedures that have impacted your long-term health.
There must be a clear link between the delay in treatment, and the harm you have suffered, but this is where a good medical negligence solicitor can help.
Patient Claim Line has an excellent track record of helping patients receive the compensation they deserve for delayed surgery or treatment.
If you are looking to pursue your NHS delayed surgery or treatment claim, you can take our simple 10-second claim test here or call our number below to discuss your concerns with a medical negligence expert.
Am I Eligible To Make A Claim?
Any suspected negligent error involving a delayed treatment or surgery may mean you are entitled to compensation. Whether it has left you with temporary pain or with more permanent symptoms, we are here to advise you.
No Win No Fee Delayed Surgery or Treatment Claims
If a delay in your treatment or surgery led to the worsening of a medical condition, the last thing you want to be worrying about is paying for a medical negligence solicitor.
Our no win no fee promise means you don’t pay us anything at all unless we win your case. Even if we take on your claim and complete the investigation but do not win, you still pay absolutely nothing if you have cooperated with us sufficiently. Your final fee will be explained to you before you sign anything so that there are no surprises at the end.
Why Choose Patient Claim Line for your Negligent Delay in 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 Negligent Delay In Surgery Claims
Our expert legal team answer your questions about making a Negligent Delay In Surgery Claim
When making a claim for a negligent delay in treatment or surgery, a claim should be made within three years of the negligence occurring, or from when the effects of the negligence first appeared. This is to ensure that you meet medical negligence time limits and don’t miss out on any compensation you may be entitled to. In cases involving anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.
There are several reasons surgery can be delayed and they may not always be medical negligence. In our experience, surgery is commonly delayed for the following reasons:
- No room availability at the hospital
- Negligent case management
- Poor scheduling
- Absent surgeons due to emergencies
Patients themselves may also contribute to delays in surgery if they do not show up or are late for a procedure. This could mean a reschedule affects other patients like yourself.
However, if you experience a delayed surgery due to factors within the hospital’s control, and this negatively impacts your health, you may have a delayed surgery negligence claim.
Whilst there is no single compensation amount for delayed treatment, getting in touch with our medical negligence solicitors can help you determine how much of a payout you are owed.
The value of each delayed treatment claim comes down to its unique circumstances, but factors influencing the compensation can include:
- The severity of harm caused by a delay in your treatment
- Medical expenses associated with your delayed treatment
- Any loss of income due to an inability to work
Cataract surgery is a routine procedure that millions undergo each year to restore vision clouded by cataracts. While generally safe and effective, delays in receiving this surgery can have serious consequences.
- Cataracts worsen over time and delaying a cataract surgery leads to a decline in vision, significantly impacting your ability to see clearly. This also makes the surgery itself riskier, because as cataracts worsen, it is more difficult for the surgeon to emulsify the lens.
- In some cases, a delayed cataract surgery can lead to glaucoma developing. This condition can cause permanent damage and vision loss
- With delayed cataract surgery, there is also an increased risk of accidents for older adults; difficulty seeing can lead to falls and fractures.
Meet our Negligent Delay In Surgery Team
Iain Dodd
Partner, Senior Solicitor
Fiona Swarbrick
Associate, Head of Medical Negligence
Sion Wynne
Senior Solicitor
Amy Kirk
Associate & Chartered Legal Executive
Case Study
Gordon's Story
"It was an experience that I never thought I’d have to go through"
Gordon first reported a blockage in 2011, but this wasn’t fully investigated. This delay in medical care meant that he needed an amputation of his lower leg, which impacted his mobility and independence.
The team at Patient Claim Line determined that Gordon lost his leg because medical professionals didn’t operate soon enough. Our team fought to ensure Gordon received justice, and they were able to secure him compensation for his suffering.
The financial settlement enabled him to purchase a more suitable prosthetic leg, as he found the NHS prosthesis uncomfortable. Gordon now finds playing his beloved bowls much easier, and his team were recently promoted to a higher league.