You can claim compensation for post-surgery negligence if you suffered harm due to errors or poor aftercare by NHS or private hospital staff. This includes infections, surgical mistakes, or delayed treatment. To make a claim, gather medical evidence and seek help from a medical negligence solicitor.
Understanding Post-Surgery Negligence
Post-surgical care is a crucial stage of your medical journey. Whether you had a routine procedure or major surgery, you should expect safe treatment, close monitoring, and timely follow-up. Sadly, things can go wrong. If you suffered complications due to mistakes or poor care after surgery, you could be entitled to claim compensation.
Post-surgery negligence refers to avoidable errors or substandard care following an operation. This can occur in NHS hospitals or private clinics, and may include failure to monitor recovery, poor wound care, incorrect medication, or delays in recognising complications.
Common Examples of Post-Surgical Negligence
Post-operative negligence can take many forms. Some of the most common include:
- Infections caused by poor hygiene or inadequate wound care
- Surgical tools left inside the body
- Unnoticed internal bleeding or blood clots
- Negligent monitoring of vital signs after surgery
- Failure to schedule or attend follow-up appointments
- Incorrect or delayed administration of medication
These issues can result in serious harm—both physical and psychological—impacting your quality of life and delaying your recovery.
Who Can Make a Claim?
You may be eligible to claim for post-surgery negligence if:
- You were treated by an NHS or private hospital in the UK.
- The care you received after surgery fell below acceptable standards.
- You suffered injury, illness, or loss due to that substandard care.
You can also claim on behalf of a child or someone who has passed away as a result of negligent post-operative treatment.
How to Start a Post-Surgery Negligence Claim
Here’s a step-by-step guide to help you start your claim:
1. Gather Evidence
Request your medical records and keep a diary of your symptoms, appointments, and communications. Take photos of visible injuries or scars if relevant.
2. Speak to a Medical Negligence Solicitor
An experienced solicitor will assess the strength of your case and help gather expert opinions. National Claims can connect you with trusted professionals who understand these complex cases.
3. Submit the Claim
Your solicitor will write a Letter of Claim outlining the negligence and injuries. The hospital will have four months to respond under the Pre-Action Protocol for Clinical Negligence.
4. Negotiation or Court
Most claims settle out of court. If necessary, your solicitor will take legal action to secure your compensation.
How Much Compensation Can You Claim?
The value of your claim depends on several factors:
- The severity of your injury
- The impact on your daily life and work
- Any psychological harm, such as trauma or depression
- Medical costs, travel expenses, or ongoing treatment
- Loss of earnings or reduced future income
Here are some estimated ranges for common post-surgery negligence claims:
| Type of Injury | Estimated Compensation |
|---|---|
| Minor infections or scarring | £3,000 – £15,000 |
| Delayed healing or prolonged pain | £10,000 – £50,000 |
| Serious complications needing further surgery | £25,000 – £100,000+ |
| Long-term disability due to negligence | £100,000 – £500,000+ |
| Psychological trauma (e.g. PTSD) | £5,000 – £50,000+ |
Each case is unique, and your solicitor will aim to secure the highest possible settlement based on your circumstances.
NHS vs Private Hospital Negligence Claims
NHS Hospitals
Claims are made against the relevant NHS Trust, which is represented by NHS Resolution. The process follows strict guidelines and timelines.
Private Hospitals
You’ll usually claim against the consultant or the clinic responsible for your care. Private facilities often have indemnity insurance for such claims.
Regardless of whether your treatment was public or private, you have the right to safe care—and to seek compensation if that care fell short.
Let National Claims Help You
Navigating a post-surgery negligence claim can feel overwhelming. That’s where National Claims comes in. We connect you with experienced medical negligence solicitors who will support you every step of the way—working on a No Win, No Fee basis, so there’s nothing to lose.
People Also Ask
1. Can I sue the NHS for post-surgical negligence?
Yes, you can sue the NHS if you suffered harm due to negligent care after surgery. Claims are typically made against the NHS Trust responsible for your treatment.
2. How do I prove post-surgery negligence?
You’ll need to provide medical records, expert opinions, and evidence that shows the harm you suffered was caused by avoidable mistakes or poor aftercare.
3. Is there a time limit for making a post-surgery negligence claim?
Yes, the general time limit is three years from the date of the surgery or from when you became aware of the negligence. There are exceptions for children and those lacking mental capacity.
4. Can I claim for negligence in a private hospital?
Absolutely. Private healthcare providers have the same duty of care. You can claim against the individual practitioner or the clinic itself.
5. What if I was psychologically affected by post-surgery negligence?
You can include psychological stress or emotional trauma in your compensation claim. This might involve anxiety, depression, or post-traumatic stress disorder.
Start Your Claim Today
If you believe you’ve suffered due to post-operative negligence in an NHS or private hospital, you deserve justice and fair compensation.
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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