Surgical Errors Compensation Claims

Compensation for Surgical Errors

Thankfully, advances in medical science and patient safety measures mean that the number of deaths related to complications arising from surgical procedures has decreased in the past 50 years. (Source World Health Organisation). However, the fact remains that all surgeries involve risks, which should be fully explained before proceeding.

If the potential dangers of a procedure are not fully explained and you therefore do not give your informed consent, and you subsequently suffer a complication as a result of the operation, your doctor or surgeon may have been negligent. If that is the case, you may have grounds to claim surgical error compensation.

Should complications occur, it is important that they are spotted promptly so that they can be treated to minimise any further harm. Medical staff should, therefore, provide appropriate care after the operation and ensure you are given the correct advice and medication when you go home.

You may also have received inappropriate treatment that was not required, causing you harm or unnecessary pain and suffering. The after effects of surgical errors can be significant and wide-ranging, with the potential to impact not only your physical health but your mental wellbeing too.

Additionally, your finances can be affected if you have to contend with any loss of earnings, extra medical bills or adaptations to your home as a result of the complications, which is why compensation for surgical errors can prove so important for you and your loved ones.

If you think you were advised to undergo unnecessary surgery, or you have suffered complications as a result of a procedure where the risks were not fully explained to you, we may be able to assist you in claiming damages for unnecessary surgery or surgical error compensation.

What are some of the potential complications regarding surgical procedures?

Examples of the complications that can lead to surgical error compensation claims include:

  • Failure to advise on the risks and therefore failure to obtain your informed consent
  • Performing inappropriate surgery
  • Operating without the appropriate expertise
  • Equipment malfunctioning or being left in the body
  • Inadequate technique leading to damage to the body
  • Nerve damage
  • Blood clots and loss of blood circulation
  • Failure to monitor or provide appropriate after-care so that complications are not noticed and acted upon
  • Errors during amputation surgery

Our specialist medical negligence team are highly experienced in helping clients claim compensation for surgical errors, whether that be through cases of unnecessary procedures or other mistakes. If you believe you have been the victim of medical negligence regarding your procedure, please contact us and a member of our legal team will be ready to listen to you.

Why is it important to claim compensation for surgical errors?

Injuries suffered as a result of complications from an operation can be serious and life-altering. Dealing with the consequences of such a seismic change can be difficult enough, which is why we fully understand if making a claim for surgical error compensation is not at the top of your list of priorities.

Of course, no amount of money can turn back time and reverse the harm already done, but receiving compensation for unnecessary surgery or surgical errors can at least help you to overcome some of the challenges that lie ahead.

Furthermore, claiming compensation for surgical errors can help to ensure that those mistakes do not happen again, and may mean that other people avoid having to go through the same distressing experience.

How will I know if I have a case to claim for surgical error compensation?

You can claim damages for unnecessary surgery or for other surgical errors on behalf of yourself or someone else if the patient lacks mental capacity. You will likely need to prove and take into account:

  • The standard of treatment given was such that no responsible surgeon or doctor would have treated you in the way that you were treated
  • Any complications arising from the operation were a result of those negligent actions
  • If the treatment practices have changed since your surgery, it is the practices at the time which the surgeon or doctor will be judged against

In a court of law, this would be considered on the balance of probabilities – that it was more likely than not. Surgical error claims may be assessed by a judge, who hears testimony from medical professionals. Your solicitor will assess the circumstances of your case, collecting evidence to put forward the strongest possible claim in order to seek the maximum amount of surgical error compensation.

Why should I choose your surgical error compensation lawyers?

Our team of expert solicitors are highly experienced in supporting individuals and families with surgical errors and are recognised as experts in the field of medical negligence compensation claims. We will provide expert guidance throughout the claims process and after settlement, we’ll be there for any further support you need.

We understand that dealing with money concerns on top of everything else can prove stressful, which is why we handle the majority of our surgical error compensation cases on a ‘No Win No Fee’ basis. That includes a free, no-obligation initial consultation and means you won’t be putting your finances at risk.

We’ll listen carefully to your circumstances and handle your case with the utmost sensitivity and professionalism, allowing you and your loved ones to focus on rehabilitation and recovery.

How do I claim for surgical error compensation?

Claiming compensation for surgical errors can feel like an overwhelming prospect, especially when you and your family are already trying to come to terms with the after effects of an operation that was either unnecessary or has gone wrong.

If you think you might be entitled to unnecessary surgery compensation, or there were complications arising from your procedure, all you have to do is get in touch with our team or make an online enquiry.

At that stage, we can set up a free initial consultation, where we’ll talk through the details of your case. From there, we’ll begin to collect evidence and assess your chances of bringing a successful claim.

We will take care of everything and contact you at convenient times to suit you. We will avoid using legal jargon and will communicate with you in a clear and concise way at all times.

How much could I receive in surgical error compensation?

Surgical error compensation claims are all different, which is why there’s no set amount we could suggest as an answer to this question. The damages you may be entitled to will vary depending on the nature of the complications you have suffered, how they have impacted your life as well as any financial implications for you and your family.

We take most cases on a No Win No Fee basis, so even if your claim ultimately proves unsuccessful, there won’t be anything for you to pay. If we are successful in securing compensation for surgical errors, we will be paid a pre-agreed success fee.

Is there a time limit on claiming compensation for surgical errors?

In most cases, you will have three years from the date of your operation, or when you were aware of the resulting complications, to make a claim. However, it is possible that you may have longer than three years if you are bringing a claim for someone who does not possess the mental capacity to do so.

Parents or guardians can claim for surgical error compensation on behalf of a child before their 18th birthday. Once that individual reaches 18 years of age, they will have until they turn 21 to start the claims process. If you think you might be approaching this deadline, please get in touch with us while we can still help you.

We would however recommend that you progress your case as soon as possible as investigations can take time.

Will I need to go to court as part of my surgical error claim?

It is unlikely your surgical error compensation claim will require you to appear in court. Data from NHS Resolution reveals that, out of all medical negligence cases across the board in 2018-19, less than 1% went to a full trial and more than 70% were resolved without formal proceedings. (Source NHS Resolution).

If your case does happen to go to court, don’t worry. We’ll be there to fight your corner throughout the entire process, supporting you with an expert legal team committed to winning your case.

We’re on hand to guide you through your surgical error compensation claim

Are you seeking damages for unnecessary or negligent surgery? Do you think you could be entitled to compensation for surgical errors? Then Been Let Down can help. You can phone us or request a call back, so that we can contact you at a convenient time.

Someone from our team of friendly and knowledgeable legal team will be available to listen to you and understand the circumstances of your case.

Get in touch now and find out how we can help with your case for surgical error compensation.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.

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