Experiencing a surgical mistake can be a devastating and life-altering event. The physical and emotional toll, coupled with financial burdens from lost wages and additional medical care, can leave you feeling overwhelmed and uncertain about your future. However, it is crucial to understand that you have rights, and compensation may be available to help you navigate the aftermath of this unfortunate event. We will also highlight how you can start a medical negligence claim.
Understanding Surgical Negligence
Surgical negligence occurs when a surgeon or other healthcare professional fails to provide a reasonable standard of care during an operation, leading to injury or harm to the patient. This can encompass a wide range of errors, including:
- Wrong-site surgery: Operating on the wrong part of the body.
- Wrong-patient surgery: Performing surgery on the incorrect patient.
- Retained foreign objects: Leaving surgical instruments or other objects inside the patient’s body.
- Nerve damage: Causing unintended injury to nerves during the procedure.
- Anesthesia errors: Administering incorrect dosages or failing to monitor the patient’s vital signs adequately.
- Post-operative infections: Failing to prevent or adequately treat infections following surgery.
These mistakes can have severe consequences, resulting in prolonged pain, disability, emotional distress, and even death. If you have suffered due to a surgical error, it is crucial to consult with a qualified solicitor specialising in medical negligence to explore your legal options.
Establishing Liability
To pursue a successful claim for compensation, you must establish that the surgeon or healthcare provider breached their duty of care, and this breach directly caused your injury or harm. This typically involves gathering evidence, such as medical records, expert opinions, and witness statements, to demonstrate that the care provided fell below the accepted standard.
Types of Compensation
If your claim is successful, you may be entitled to various types of compensation to address the losses you have incurred due to the surgical mistake. These may include:
- General damages: Compensation for pain, suffering, and loss of amenity (the impact on your overall quality of life).
- Special damages: Reimbursement for quantifiable financial losses, such as medical expenses, lost wages, travel costs, and the cost of adapting your home or lifestyle due to your injuries.
- Future losses: Compensation for anticipated future expenses, such as ongoing medical treatment, rehabilitation, and loss of future earnings.
The specific amount of compensation awarded will depend on the severity of your injuries, the impact on your life, and your individual circumstances. A skilled solicitor can help you assess the full extent of your losses and ensure you receive the maximum compensation to which you are entitled.
Time Limits for Making a Claim
It is crucial to be aware that there are strict time limits for bringing a medical negligence claim in the UK. Generally, you have three years from the date of the incident or the date you first became aware of the negligence to initiate legal proceedings. However, there are exceptions for children and individuals with mental incapacity, so it is essential to seek legal advice promptly, even if you are unsure whether you have a valid claim.
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.
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