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Negligent Delay in Surgery or Treatment

Reviewed by

Peter Rigby - Director of Medical Negligence

We've got your Negligent Delay In Surgery Claim covered

We’ve Got Your Negligent Delay in Surgery or Treatment Claim Covered


Time is one of the most valuable assets in identifying and diagnosing illnesses and other medical conditions.  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 negligence could lie with a few people. Your GP may have failed to diagnose you or delayed your treatment, or negligence may lie with hospital staff – such as a specialist or the assisting medical 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.

We're the highest-rated No Win No Fee medical negligence solicitors on Trustpilot

Delayed Treatment Compensation

Receiving much needed medical treatment can be a daunting experience. The treatment itself may take time to become effective, and this can take its toll on you both physically and mentally. When that treatment is delayed, your condition could worsen as a result of the additional wait time, and the distress of this can also impact your wellbeing. Whilst it is important to note that not all delays in treatment are due to medical negligence, if this is the case, 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 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 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, which could have been prevented.


Examples of Common Delayed Treatment or Surgery Claims

Some examples of areas where delayed treatment or delay in surgery claims are common include: 



What Are The Causes Of A Delay In Surgery Or Treatment That Can Be Seen As Negligent?

There are various factors which can contribute to negligent delays to treatment or surgery. Some of the common factors include: 


  • Improperly triaging a patient in A&E 


  • The patient has been misdiagnosed by a doctor 


  • The patient was referred to the wrong specialist 


  • The patient was not sent for further testing or scans 


Another factor can include longer NHS waiting times that have led to a delay in diagnosis, delay in treatment or surgery and resulted in adverse effects on your health. With longer waiting times, there is also the risk of increased delays in treatment or surgery and patients may experience their pain worsening due to the delay. 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? 

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 right option for you.


This also applies to claims following delays to any surgical procedures that have impacted your long-term health.


Patient Claim Line has an excellent track-record at holding negligent medical professionals to account.


If you are indeed looking to pursue your NHS delay 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 that has led to the worsening of a medical condition 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.

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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 when the effects of the negligence first appear. This is to ensure that you do not 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 could be several reasons surgery is delay and they may not always be negligent. In our experience we have known surgery to be delayed for the following reasons: 

  • No room availability at the hospital 
  • Case management 
  • Poor scheduling 
  • Absent surgeons due to emergencies  

Patients too may contribute to delays in surgery if they do not show up or are late for a procedure. This could mean a reschedule effects other patients like yourself.

The consequences of delayed treatment can lead to severe implications on a patient’s health depending on the significance of the delay and the severity of the medical condition.


Delayed treatment or surgery could also lead to the following:


  • A condition could progress to the point where alternative treatment options need to be considered


  • The patient’s recovery time could be affected

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.