The prospect of undergoing surgery can be daunting enough without the added fear of surgical mistakes. While the majority of operations in the UK are carried out safely and successfully, errors can and do occur. If you’ve been injured due to a surgical mistake, understanding your rights and the process of seeking compensation is crucial. We will also highlight how you can start a medical negligence claim.
Understanding Surgical Mistakes
Surgical mistakes encompass a wide array of errors, ranging from misdiagnosis and incorrect procedures to anesthesia errors and retained surgical instruments. These mistakes can have devastating consequences, leading to physical and emotional pain, financial hardship, and even death.
Common types of surgical mistakes include:
- Wrong-site surgery: Operating on the wrong part of the body.
- Wrong-patient surgery: Performing surgery on the wrong person.
- Retained foreign objects: Leaving surgical instruments or other objects inside the patient’s body.
- Nerve damage: Causing injury to nerves during surgery.
- Anesthesia errors: Administering the wrong type or dosage of anesthesia.
- Infection: Developing an infection as a result of surgery.
Establishing Negligence
To pursue a successful claim for compensation, you need to establish that the surgeon or medical team acted negligently. Negligence occurs when a medical professional fails to provide the standard of care that a reasonably competent professional would provide in similar circumstances.
Proving negligence in surgical mistake cases often requires expert medical evidence to demonstrate that the surgeon’s actions fell below the acceptable standard of care and that this breach of duty directly caused your injuries.
The Process of Making a Claim
Navigating the legal process of making a surgical mistake claim can be complex. However, the general steps involved include:
- Seeking Legal Advice: Consult a solicitor specialising in medical negligence to assess the merits of your case and guide you through the legal process.
- Gathering Evidence: Your solicitor will gather medical records, witness statements, and expert medical opinions to support your claim.
- Sending a Letter of Claim: Your solicitor will send a letter of claim to the hospital or surgeon outlining the details of your case and the compensation sought.
- Negotiations: The hospital or surgeon’s legal team may respond with an offer of settlement or deny liability. Negotiations may ensue to reach an agreement.
- Court Proceedings: If a settlement cannot be reached, your solicitor may initiate court proceedings to pursue your claim.
Time Limits for Making a Claim
In the UK, there is a general three-year time limit for making a medical negligence claim. The time limit typically starts from the date of the surgery or the date you became aware of the negligence. However, there are exceptions for children and individuals with mental incapacity.
It’s crucial to seek legal advice as soon as possible after a surgical mistake to ensure you don’t miss the deadline for making a claim.
Compensation for Surgical Mistakes
If your claim is successful, you may be entitled to compensation for various losses, including:
- Pain and suffering: Compensation for the physical and emotional pain caused by the surgical mistake.
- Loss of earnings: Compensation for income lost due to time off work as a result of the surgery and recovery.
- Medical expenses: Compensation for the cost of private medical treatment, rehabilitation, and any necessary adaptations to your home.
- Care and assistance: Compensation for the cost of care and assistance provided by family or professional carers.
- Loss of amenity: Compensation for the impact of the injury on your quality of life and ability to enjoy activities.
The amount of compensation awarded will depend on the severity of your injuries, the impact on your life, and your financial losses.
Seeking Emotional Support
Experiencing a surgical mistake can take a toll on your emotional well-being. Don’t hesitate to seek support from friends, family, or professional counselors. There are also support groups available for individuals who have experienced medical negligence.
Remember, you’re not alone in this journey. Seeking compensation can not only help you recover financially but also hold medical professionals accountable and prevent future mistakes.
Making a Personal Injury Claim with National Claims
At National Claims, we understand the profound impact that a personal injury, especially one resulting from surgical negligence, can have on your life and the lives of your loved ones. These devastating injuries can result in significant physical, emotional, and financial hardships, leaving you feeling overwhelmed and uncertain about the future.
If you have suffered due to surgical negligence, we’re here to help. Our experienced team can connect you with specialist solicitors who have a deep understanding of the complex legal issues surrounding these types of injuries. We offer a free, no-obligation consultation to discuss your specific circumstances and assess the potential strength of your claim.
Free Consultation
During your consultation, we’ll listen to your experience, carefully review any medical records or relevant documentation, and explain the legal process in clear, easy-to-understand terms. We understand that this is a difficult time, and we’ll handle your case with compassion and sensitivity, ensuring your rights and interests are protected.
Our panel of solicitors specialises in personal injury claims related to surgical negligence. They have a proven track record of securing substantial compensation for their clients, covering medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages. They will fight tirelessly on your behalf, ensuring you receive the justice and support you deserve.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
Click below to see why we are one of the most trusted claims management companies in the UK.
We’re proud of our excellent customer reviews
We thrive on delivering exceptional service and ensuring our clients’ satisfaction. Don’t just take our word for it. Check out some of our independent reviews to see what our clients have to say.
Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
