Surgical Error Claims
All surgery poses risks to a patient, and these risks should be fully explained before an operation takes place. Surgeons, along with all medical staff, have a legal obligation to provide treatment in a safe and regulated manner, and this is referred to as their duty of care. This duty allows patients to feel reassured and confident that their surgery will be conducted by a competent and reliable team.
As in all occupations, medical practitioners and surgeons do make occasional mistakes. Unfortunately, mistakes made in surgery are not readily rectified or overlooked. It is essential that those who suffer due to a surgical error can be compensation for any pain and suffering caused by this error.
If a surgeon or other medical member of staff fails to uphold their duty of care to you and this results in a further injury, illness or loss, you may be eligible to make a medical negligence claim. The solicitors we work in partnership with have worked on many cases where patients have not received adequate or acceptable care during surgery and have suffered from further medical complications as a result. They are highly experienced in succeeding at achieving the highest level of compensation for clients in a variety of circumstances.
Am I eligible to make a claim for compensation?
Surgical error is a common type of medical negligence for which patients can make a claim and obtain compensation if they have been the victim of poor medical care or mistakes made before, during or after surgery. It is possible for claimants to pursue a case for both physical and psychological damage caused through surgical errors, so long as it is possible to prove a diagnosis and liability.
Some of the most common causes of surgical claims include:
- Unexpected scarring from surgery
- Surgery performed on the wrong part of the body
- Burn injuries caused as a result of negligent use of equipment
- Foreign objects left in the body
- Poor stitching following an operation that leads to infection and/or scarring
- Misplaced tubes for feeding/breathing and draining
- Wrong surgery performed
- Incorrect surgery performed for implants or prosthesis
If you have suffered any error caused by a surgeon whilst undergoing any operation and this has resulted in any illness, injury or loss, you are likely to be eligible to make a claim for compensation against the hospital concerned.
How long will it take to process my claim?
The amount of time that it takes to process your claim greatly depends on the individual specifics of your case. In order to make a successful claim for compensation, your solicitor will need to prove liability and the severity of your symptoms. To do this, they will gather evidence in support of your claim and the time that it takes to do this will impact on the completion time for your case.
Your solicitor will work hard to complete your case as quickly as possible without compromising the amount of compensation that you are awarded. To do this, they will seek your support in obtaining documents that details how much the surgical error has impacted on your life and if possible, evidence that demonstrates that a medical practitioner was responsible for the error.
What will the value of compensation be?
The final settlement amount that you are offered will vary depending upon the particulars of your individual case. Your solicitor will be responsible for proving the severity of your condition and the level of liability of the defendant. The more severe your symptoms are and the greater the negative impact that the condition has had on your life, the larger the compensation award will be.
Injury solicitors are highly experienced in this field and as such are able to offer you a realistic estimate of the likely figure that you will be awarded. On your initial consultation, which is free of charge, the solicitor will assess your details and provide a guideline as to how much you can realistically expect to be awarded.
As well as receiving compensation for the pain, suffering and loss of amenity caused by the error, you can also seek damages for the following:
- loss of earnings if you have had to take time off work to recover from your injuries
- loss of future earnings if your injury means you are expected to remain off work for a long period of time
- the cost of any medical treatments required, such as physiotherapy
- the cost of transport to and from relevant hospital or doctor appointments
Why should I use an injury solicitor to process my claim?
Medical negligence solicitors have years of experience in helping people make clinical negligence claims for surgical errors and negligence. Further benefits of using their services include:
- A free no-obligation initial consultation
- No win, no fee service
- Extensive knowledge and experience of medical negligence cases
- Local solicitors available in locations throughout the UK
To arrange a free consultation with a friendly legal adviser, call free on 0800 678 1410 or enter your details into the contact form below to receive a call back.