When we undergo medical surgery, we do so on the advice of highly qualified medical professionals and we expect that they will follow best practice, doing everything in their power to ensure that surgery is successful and that we are safe during their care. However, when surgery doesn’t go as planned, the consequences to the patient can be significant. In some cases, surgery may not go as planned or hoped due to the extreme risks that sometimes can’t be avoided. This may happen when surgery is the only option available other than death or very serious permanent disability or damage. In other cases however, surgery may not bring good outcomes as a result of surgical negligence. We’ll take a look at what counts as negligence in surgery and after care and whether you can claim compensation in your particular situation.
Do I Have a Valid Surgical Negligence Compensation Claim?
For a surgical negligence compensation claim to be valid, certain criteria must be met. Most importantly, it must be possible to establish that there has been a breach of duty; where the surgeon or the healthcare provider has failed in their responsibility to adequately and professionally care for you. A Solicitor must then establish that the breach of duty caused harm or injury. There must be a clear causation; meaning that there must be a clear link between the surgical negligence and any injury or loss as a result was a direct result of that breach of duty. Meeting these legal criteria is essential for a claimant to have a successful claim.
Defining Surgical Negligence in the UK
Surgical negligence is a specific type of medical negligence, where a healthcare professional fails to meet the established standards during a surgical procedure. This could mean an error during the operation that would not have been repeated by a competent surgeon, incorrect aftercare, or even a mistake with anaesthesia during surgery.
Common Examples of Surgical Errors
Some surgical errors are more common than others. Common surgical errors include:
- Wrong-site surgery: Operating on the wrong part of the body.
- Retained foreign objects: Leaving surgical instruments or materials inside the patient after surgery.
- Surgical infections: Caused by poor hygiene practices.
- Anaesthetic errors: Mistakes with medication that can lead to severe or distressing consequences.
A breach of duty might be clear, like a surgeon operating on the wrong body part. Other times, it’s less obvious and requires medical records and expert testimony to prove. Causation links the breach directly to the injury. For instance, if a surgical tool was left inside a patient, causing infection, this is a direct causation. These elements are often complex, and seeking legal advice from a solicitor is recommended to help clarify these points.
There’s a time frame, known as the limitation period, within which you must file a claim. According to the Limitation Act 1980, this is generally three years from the date of the surgery or when you first realised you suffered harm. There are exceptions, such as for minors or those lacking mental capacity, where the time limits can be extended.
Claims against the NHS and private healthcare providers can differ. The NHS Resolution handles NHS claims, and they have a duty to settle valid claims fairly. Private healthcare claims might involve dealing with indemnity insurance companies. Both sectors have their own claims process, but the principles of proving negligence remain the same.
If you’ve experienced complications or injury after surgery and suspect that negligence was the cause, it’s important to act promptly in seeking support from us. We’ll advise you on the best way to protect your interests and ensure that you understand what information you’ll need to succeed with a claim. It’s important that you ensure that any negative consequences or injuries are reported to your GP and that they are noted on your medical records – this will support your claim later in the process. It also helps if you note down your experience and the impact of the surgical negligence on you. We’ll arrange for you to have a consultation with our Solicitors who specialise in these claim types and with their help, we’ll guide you through the process and after we’ve determined that you have a valid claim for surgical negligence compensation, you’ll be able to instruct our Solicitor to act for you in your claim on a No Win No Fee basis. Remember, your health and wellbeing are paramount, and the law is there to support you in seeking compensation and rehabilitation care if standards of care were not met. Our expertise will help you in this process.
Types of Surgical Negligence Claims
When surgery doesn’t go as planned, facing the negative consequences and poor health outcomes can be a frightening experience when the outcome is due to surgical errors that could and should have been avoided. Recognising the different types of surgical negligence claims can help you to identify whether you may have been affected and whether you might be able to make a claim for compensation for the harm caused.
Common Surgical Errors Leading to Negligence Claims
Negligence can cause a number of errors that may occur during surgery, which may lead to a claim. One example of surgical negligence would be operating on the wrong body part or undertaking the wrong type of surgery. Other examples include; surgical infections, objects being left inside a patient after surgery, or complications that arise from inadequate care.
If you’ve experienced any of these symptoms or consequence, it might be time to consider your options for making a claim.
Specific Cases of Surgical Negligence
Surgical negligence can manifest in various forms, each associated with its own set of challenges and negative consequences on the patient.
Amputation can be life-changing, and when it’s the result of negligence, such as an incorrect amputation or a preventable one due to misdiagnosis or delayed treatment, the effects are even more profound. Patients may face long-term rehabilitation and the need for prosthetics.
Experiencing anaesthetic awareness during surgery, where you’re conscious but unable to move, can lead to severe psychological trauma. The physical pain and long-term psychological effects can be grounds for a claim.
Bariatric surgery negligence may result in a compensation claim if there is a proven link between the substandard care and the injury sustained.
Negligence in the context of bariatric surgery could mean a range of things. It could be an error during the operation, such as using the wrong technique, or it could be failing to provide proper care after the surgery, leading to complications.
Receiving contaminated blood during a transfusion can have serious health consequences, including the transmission of diseases like Hepatitis or HIV. Such cases are severe and require immediate attention.
Errors during eye surgery, including laser surgery mistakes, can lead to visual impairment or complete vision loss. These errors can be particularly distressing due to the importance of sight in daily life.
Surgical procedures that result in nerve damage can cause neuropathy, loss of sensation, or even paralysis. The long-term effects on quality of life can be significant.
Spinal surgery comes with high risks, and negligence can lead to paralysis or persistent back pain. Proving negligence in such complex surgeries requires a thorough understanding of the procedures and potential outcomes.
Claims can also arise from issues with surgical equipment, such as malfunctioning medical devices or instruments that weren’t properly sterilised. These cases often involve product liability and infection control concerns.
If you’ve suffered pain, discomfort or injury due to any of these issues, it’s essential to seek expert advice. We have fantastic Solicitors specialising in surgical negligence compensation claims who can help you on a No Win No Fee basis to navigate the legal process and represent you in securing the compensation you deserve for the harm you’ve endured. Remember, patient safety is paramount, and when it’s compromised by negligent care during surgery, you have a legal right to seek redress.
The Claims Process for Surgical Negligence
We appreciate that the claims process for surgical negligence may seem daunting. When you are struggling with the painful, distressing and often serious consequence of surgical negligence it can seem almost too much to think of making your claim. However, we know that by giving you a clear and simple understanding of the steps involved in making your claim with our specialist Solicitors, you can relax and move forward confidently with your claim. The claims process begins by you contacting us for a friendly chat about your situation. We’ll take some basic details and explain the initial process ahead of you having a consultation with one of our Solicitors. We’ll then run through the No Win No Fee paperwork with you and you can instruct the Solicitor to act for you. We’ll be with you throughout the process as the Solicitor works for you to negotiate with the defendants to seek settlement for your injuries or losses. Generally these claims are dealt with outside of the court process, but if a defendant fails to cooperate or refuses to accept negligence where there is clear evidence that they were indeed negligent, the Solicitor may commence formal legal court proceedings.
Steps to Take When Starting a Surgical Negligence Claim
If you suspect you’ve been a victim of surgical negligence, you should:
- Seek legal advice from a Solicitor experienced in medical negligence.
- Try to document everything related to the negligence, including dates, details, and impacts on your health.
- Complain about your care via the formal avenues to the responsible parties.
- Contact us for an initial consultation with a specialist Solicitor to discuss the viability of your case.
Gathering Evidence and Medical Records
A strong claim is backed by solid evidence. To gather this:
- Our Solicitors will request your medical records; you have a right to access these documents.
- Collect any other evidence that supports your claim, such as witness statements or photographs.
- Solicitors will consult with expert witnesses to corroborate your case & substantiate your suffering.
Remember, patient consent is crucial in releasing any medical records and we’ll explain how you can provide that consent. As you will expect, all data & personal information will be handled with the utmost privacy following data protection laws.
Understanding No Win No Fee Agreements
No Win No Fee agreements, also known as Conditional Fee Agreements, mean you don’t have any liability for costs if you don’t win. The defendants will pay the majority of your Solicitors fees if you win your case. Conditional Fee Agreement (No Win No Fee agreements) guarantee:
- If successful, you’ll only contribute a success fee from your compensation (no more than 25%).
- If the claim doesn’t succeed, you won’t be liable for your solicitor’s costs or any fees whatsoever.
- We’ll ensure that you fully understand the terms, guaranteeing that there are no legal costs that are not covered by the agreement.
The Role of Medical Experts in Supporting Your Claim
Medical experts offer vital support in a surgical negligence claim. They provide:
- Expert testimony on the standards of care you should have received.
- A medical opinion on how surgical negligence caused your injury.
- Independent assessments that can be pivotal in proving your case.
The specialist knowledge of a medical expert can significantly influence the outcome of your claim.
What to Expect During Legal Proceedings
The legal journey can vary, but here’s a general idea of what to expect:
- Court hearings may be necessary if a settlement isn’t reached. It is however rare for personal injury claims to come before the courts.
- Mediation is an alternative where an impartial third party helps resolve the dispute.
- The vast majority of cases reach a settlement without going to trial, saving time and stress.
Understanding the steps in making a claim will help you feel more prepared as you seek compensation for surgical negligence. Remember, you’re not alone in this; with your Solicitor we will guide you through each stage of the process, ensuring your rights are upheld and that your voice is heard.
Compensation for Surgical Negligence
When surgical procedures go wrong, the consequences can be life-altering. Compensation settlements are a means to address the harm suffered and may help improve the quality of life for victims of surgical negligence. However, a surgical negligence claim is not just about money; it’s about facilitating recovery and ensuring future care.
How Compensation is Calculated in Surgical Negligence Cases
The calculation of compensation takes into account several factors:
- The severity of the injury and its long-term effects.
- Loss of earnings, including any future earnings if you’re unable to return to work.
- Pain and suffering endured as a result of the negligence.
- The overall impact on your quality of life and ability to enjoy life as before.
- Future care costs or home adjustment fees
Each case is assessed on its own merits, with factors such as these considered when determining a fair settlement value.
Types of Damages Awarded in Surgical Negligence Claims
Victims of negligent care will receive a settlement formed from two main types of damages:
- General damages for pain and suffering – these cover the non-financial impact on your life.
- Special damages for financial losses, which can include:
- Medical bills and rehabilitation costs.
- Loss of past and future earnings.
- Costs for future care and any necessary adaptations to your home.
A successful claim will see you receive a settlement that should restore your financial position to what it would have been without the negligence.
Interim Payments and Financial Support During the Claim
While your claim is being processed, you might be eligible for interim payments. These can provide:
- Support for living expenses if you’re unable to work.
- Funds for immediate rehabilitation costs and ongoing care.
- Relief from financial pressures while you wait for the final settlement.
Interim payments are deducted from the final compensation amount but can be crucial in providing support when you need it most. Our Solicitors will advise you as to whether you should seek an interim award during the process of your claim.
Long-Term Financial Considerations and Future Care Costs
Surgical negligence can have lasting financial implications:
- Future care costs may include ongoing medical treatment, personal care, and therapy.
- Home and vehicle adaptations to accommodate disabilities.
- Loss of earnings and pension loss, especially if you’re unable to return to your previous job.
- The need for life-long care in severe cases, which can be a significant financial burden.
Compensation is designed to ease these long-term financial strains and help you and your family adapt to a new way of life. If you’ve been affected by surgical negligence, understanding these aspects of compensation is crucial. It’s not just about addressing the immediate aftermath but also ensuring you’re supported in the years to come.
Legal Support and Representation
The expertise of a Solicitor can be invaluable when facing the aftermath of surgical negligence. The right specialist Solicitor will provide the legal support and representation needed to ensure that you can navigate the complex process of making a claim.
Choosing the Right Solicitor for Your Surgical Negligence Claim
Selecting a Solicitor is a crucial step. Look for:
- Proper legal qualifications and accreditation.
- Experience in handling similar cases.
- A strong track record of successful claims.
- Membership with professional bodies.
The right specialist Solicitor with the right expertise and case experience will greatly influence the outcome of your case.
The Importance of Specialist Knowledge
Specialist knowledge in surgical negligence is vital to maximise the chance of you succeeding in your claim. Solicitors with this expertise understand the intricacies of medical law and often hold professional accreditations that underscore their capability in this legal specialism.
How Solicitors Can Help Maximise Your Compensation
A skilled Solicitor will enhance your claim by:
- Preparing your case with attention to detail.
- Employing strong negotiation skills to argue your case.
- Applying their medical understanding to clarify complex issues.
- Developing a strategic approach to secure the best settlement.
What to Expect from Your Legal Team Throughout the Claim Process
Your legal team should offer:
- Regular communication and updates on your case.
- Support and guidance throughout the claim process.
- Clear explanations of legal terms and procedures.
- A commitment to achieving the best outcome for you.
With the right legal team, you can focus on recovery while they handle the complexities of your claim. With Direct2Compensation you can be certain of a friendly, professional approach. From your first contact with us, through you instructing one of our specialist Solicitors, we’ll ensure you feel relaxed about the process, supported and confident that you are in safe hands.
If you’re wondering if you’re entitled to surgical negligence compensation, call us on 01225 430285, or we can . Our expert team will be able to quickly identify whether you have a valid claim and then help you to make your claim a successful one.
Frequently Asked Questions
In certain circumstances, the court may extend the limitation period if you can prove that you were unaware of the negligence until after the deadline.
Yes, you can claim for psychological trauma if it’s a direct result of the surgical negligence you experienced.
The deceased’s estate or dependents may be eligible to make a claim for compensation, and different time limits may apply.
Yes, a parent or guardian can make a claim on behalf of a minor, and the time limits for filing are different for children.
In certain circumstances, the court may extend the limitation period if you can prove that you were unaware of the negligence until after the deadline.
