Surgical Errors Compensation Claims

Compensation for surgical errors

Advances in medical science and patient safety mean deaths arising from surgical procedures have decreased over the past 50 years. However, all surgeries involve risks, which must be explained fully to patients before proceeding.

If the potential dangers of a procedure are not fully explained, you as a patient are unable to give informed consent to have the surgery. If you subsequently suffer a complication because of the operation, your doctor or surgeon may have been negligent. You may then have grounds to claim surgical error compensation.

When can a surgeon be negligent?

Should complications arise from an operation, it is important they are identified promptly so that appropriate treatment can be administered to minimise the risk of any further harm. Medical staff should therefore ensure you are provided with proper care after an operation and to ensure you are given the correct advice and medication when you go home. If your surgeon fails to do this, this could be deemed negligent.

If you receive inappropriate or unnecessary treatment which has caused you pain and suffering then this too may also be considered to be negligent.

What are the impacts of surgical error negligence?

The after effects of negligent surgical errors can be significant and life changing, with the potential to impact not only your physical health but your mental wellbeing too.

In addition, your finances may be affected by a loss of earnings, extra medical bills or adaptations to your home because of negligent surgical errors or complications following surgery.

If you think you have suffered harm as a result of an avoidable surgical error, were advised to undergo unnecessary surgery or have suffered complications because of a procedure where the risks were not fully explained to you then we can help.

Our experienced medical negligence team will consider your case and if we think it has a good chance of success, we will put together a surgical error claim.  We will help you get the answers you deserve for your treatment and claim compensation to assist you getting your life back on track.

What are the potential complications regarding negligent surgical procedures?

Some 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 aftercare 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 all types of surgical errors.

If you believe you have been the victim of surgeon negligence, please get in touch and a member of our legal team will be ready to listen to you.

Why is it important to make surgical error claims?

Injuries suffered as a result of surgical errors can be serious and life changing. Dealing with the consequences of such a seismic event can be difficult enough, which is why we fully understand if making a claim for surgical error compensation may not be a top priority for you at this time.

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

Furthermore, claiming compensation for surgical errors can help ensure those mistakes do not happen again, meaning other people need not go through the same distressing experience.

How will I know if I can claim for surgical error compensation?

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

• The standard of treatment given was such that no responsible surgeon or doctor would have treated you the same way
• Any complications arising from the operation were a result of those negligent actions
• If the treatment practices have changed since the surgery, the surgeon or doctor will be judged against the practices that were in place at the time of the negligence In a court of law, this would be decided on the balance of probabilities – that it was more likely to have been negligent than not. Surgical error claims are assessed by a judge who hears testimony from medical professionals.

Our team of experienced medical negligence solicitors will assess the circumstances of your case by collecting evidence to put forward the strongest possible claim to help you achieve the maximum amount of surgical error compensation.

Why choose us as your surgical error compensation lawyers?

Our team of expert medical negligence solicitors are highly experienced in supporting individuals and their families.  They are recognised as experts in the field of medical negligence and surgical error compensation claims. We will provide expert guidance throughout the medical negligence claim process and offer ongoing support after settlement.

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 will not be putting your finances at risk.

As a trusted firm licensed by the Solicitors Regulation Authority (SRA), we will listen carefully to your circumstances and manage 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 impact of medical negligence.

If you think you might be entitled to compensation for surgical error, including avoidable complications from your procedure or unnecessary surgery, we can help. Simply fill out our online enquiry form and a member of our medical negligence team will call you back.

The first step is a free initial consultation where we will talk you through the details of your case. From there, we will begin to collect evidence and assess your chances of bringing a successful surgical error compensation claim.

We will take care of everything and contact you at convenient times. We will keep you updated with the progress of your claim.  We will avoid using legal jargon and always communicate with you in a clear, concise way.

How much could I receive in surgical error compensation?

Surgical error compensation claims are all different, which is why there is 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 on your life, and 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 will not be anything for you to pay. If we are successful in securing compensation for surgical errors, we will charge a pre-agreed success fee. We will always make our fees clear before you agree to go ahead with us.

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, you may have longer than three years if you are bringing a surgical error claim for someone who does not possess the mental capacity to bring one alone.

Parents or guardians can claim for surgical error compensation on behalf of a child until 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.

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

After the ordeal you have already been through, we understand that the thought of going to court to pursue your surgical error compensation claim may be too much to bear.

The good news is that it is unlikely your surgical error compensation claim will require you to appear in court. Data from NHS Resolution reveals that only 0.3% of medical negligence cases went to a full trial and almost 75% were resolved without formal proceedings.

If your case does happen to go to court, do not worry. We will be there to fight your corner throughout the process, supporting you with an expert medical negligence legal team committed to winning your case.

Trust Been Let Down 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.

To find out whether we think you have a case to be made, please get in touch and someone from our friendly and knowledgeable medical negligence legal team will be available to listen to you and understand the circumstances of your case.

We supported Gill following surgery negligence

We represented Gill and were successful in our action against the hospital trust. Here is Gill’s story.

Contact us today to start your surgical error claim

If you think you have suffered from surgical negligence or errors, we are here to help.

To find out how we can help with your surgical error compensation claim, please get in touch today. You can call us on 0800 234 3234 or fill out our online contact form and a member of our team will call you back at a convenient time.