Surgery Negligence Claims

What is a surgical negligence claim?

Surgical negligence refers to preventable errors or negligent actions before, during or after surgery. It applies to both the NHS and private practice and includes:

• Damage to nerves or tissue
• Delays in carrying out surgery
• Improper sterilisation of surgical instruments
• Incorrectly administered anaesthetic
• Lack of aftercare resulting in infection
• Objects or instruments left inside a patient during surgery

These are just a few examples of how surgical mistakes can occur. So if you’ve suffered another form of negligence while undergoing surgery, you may still be able to make a claim.

To find out if you could have a case for compensation, get in touch with our knowledgeable advisors. They’ll listen to the details of your situation and let you know if our surgical negligence claims solicitors could help you.

Why make a claim for negligent surgery?

Most surgeries carry an element of risk, and this should be discussed with you prior to your operation. But if errors are made that result in infection, injury or further complications, you could be entitled to compensation.

It can be devastating when a surgery that was meant to help you has the opposite effect, and we know that making a claim won’t reverse what happened. But it could help you to deal with the aftermath.

For example, if you’ve had to take time off work to recover, compensation could help to take away some of the financial stress caused by your loss in earnings.

Your settlement could also help you pay for any corrective surgery that you’re forced to undergo as a result of the negligence you endured.

Taking legal action will draw attention to the problems that led to your injury or illness, too, which could help to prevent the same thing from happening to someone else.

How can First4Lawyers help?

We work with medical negligence solicitors who are experienced in handling surgical negligence claims. They will gather evidence to support your case and negotiate with the other side to get the best possible outcome for you.

If your surgery was performed by the NHS, our solicitors could also help you make a formal complaint about your treatment. This will prompt an NHS investigation, and you’ll be updated with what is being done to address the problems highlighted.

For these types of claims, we work on a No Win No Fee basis. So there will be nothing to pay upfront and no legal fees to cover if your case is unsuccessful.

Surgical negligence claims FAQs

Is there a time limit on surgical negligence claims?

You’ll usually have three years to make a surgery negligence claim*. This could be three years from when surgery errors took place, or from when you first became aware of your injuries – known as the date of knowledge.

While three years sounds like a long time, we would suggest speaking to a legal expert as soon as you’re able to. This will help your solicitor access key evidence, such as medical notes and witness accounts. It may also be easier for you to remember what happened.

*There are certain exceptions to this rule, which we’ve explained in our free medical negligence time limits guide.

How much could I claim for surgical negligence?

This is a difficult question to answer without speaking to you about your case. But if your claim is successful, your compensation will most likely be split into what’s known as general and special damages.

• General damages*
  This part of your compensation will account for the pain and suffering you’ve endured as a result of negligence – which could include the psychological impact of the operation going wrong.
• Special damages
  These damages are intended to cover any financial losses related to your case. This could range from lost earnings to the cost of transport to and from medical appointments.

Try to keep hold of any parking tickets, taxi receipts or other invoices related to your case – these could all be used when negotiating your final settlement.

*For a rough idea of how much your claim could be worth in general damages, try our free surgical negligence claim calculator.

I’ve suffered surgical negligence – what should I do?

Your health comes first, so we would always suggest seeing a medical professional before doing anything else.

The full extent of your injuries might not be obvious straight away, so it’s important that you’re checked over by a specialist.

After this, you might consider making a surgical negligence claim. We can speak to you about your case and answer any questions you may have about the claims process.

If we think you have a case for compensation, we’ll ask if you’d like to be put in touch with one of our dedicated solicitors. This will be completely up to you, and we’ll never pressure you into making a decision.

To find out more about how we could help you, give us a call on the number at the top of the screen or request a callback. You can also reach us by filling in our quick and easy online claims form.

We’re here to take some of the stress out of what can be an extremely difficult time.