Hernia Surgery Claims

What is hernia surgery negligence?

Put simply, a hernia develops when there is a tear or opening in the muscle or tissue surrounding an organ. This can lead to inner body parts – usually fatty tissue or parts of internal organs – pushing through and appearing as a lump or bulge under the skin.

Hernias can be corrected through surgery and there are around 100,000 hernia repair operations performed annually by NHS England alone. This is usually a straightforward procedure, but as with any surgery, there can be complications.

Although some mistakes can’t be avoided, it’s not unheard of for hernias to be made worse by the negligence of a healthcare professional. If this has happened to you or a loved one, you could make a hernia surgery negligence claim.

Common types of hernia surgery negligence

Most hernia repairs are carried out without any problems. But there are instances where the negligence of a doctor or surgeon can worsen a hernia rather than making it better. Some examples of this include:

• Hernia mesh problems
  Three out of four hernia repairs involve the use of mesh. The aim of this is that the tissue will grow around the mesh and develop a strong structure. But if faulty mesh is used, it can lead to infections and severe long-lasting pain.
• Delayed diagnosis
  Some types of hernia pose a greater risk than others. And if left for too long, they can become strangulated. This means that the muscles surrounding the hernia clamp down on it, cutting off the blood supply. Strangulated hernias require emergency surgery, and a delayed diagnosis in these instances could be life-threatening.
• Damaged organs during surgery
  It is rare but there have been instances of hernia surgery negligence where internal organs have been damaged. This can be particularly upsetting as further surgery is often needed to fix the harm that’s been done.

We understand that suffering any kind of negligence is distressing, especially when you’re in physical pain. Claiming compensation won’t reverse the effects of the negligence, but it could help you get back to your old self.

How can First4Lawyers help?

When hernia surgery goes wrong, the effects can be devastating. You may have been left suffering with chronic pain, and the worry of having to go through another operation to fix it can be all-consuming.

Then there’s the financial stress of being forced to take time off work to recover, as well as the costs associated with further treatment. Making a claim for compensation can help to provide some relief.

We work with specialist medical negligence solicitors who are experienced in dealing with surgery claims. They will work to take some of the pressure away from you, so you can focus on getting better.

For these types of claims, we work on a No Win No Fee basis. So you won’t need to pay us anything upfront and there will be no cost to you if your claim is unsuccessful.

Hernia surgery claims FAQs

Is there a time limit for hernia surgery claims?

There is usually a three-year time limit for making a hernia surgery claim. While this may sound like a long time, we would advise seeking legal advice as soon as you’re able to.

Starting your claim early will help your solicitor to gather relevant evidence to support your claim. This could include your own memory of what happened, as well as medical records and witness testimonies.

There are some exceptions to the time limit rule, though. For example, if you’re claiming on behalf of someone who lacks mental capacity, the three-year limit will not apply.

How much could I claim for hernia surgery negligence?

Your situation is unique. This means that the compensation you’re awarded for a successful claim will depend on your injury and the effect it has had on your life.

Part of a solicitor’s role is to value how much your claim should be worth. After speaking to you, your solicitor will be able to give you a more accurate idea of the compensation payout you can expect to receive.

Compensation will usually be split into two parts, known as general and special damages.

General damages cover the pain and suffering you’ve experienced as a result of hernia surgery negligence. And special damages are awarded to cover the impact it has had on your life. This will include the cost of having to take time off work and any additional care you require.

For a rough idea of how much you could be entitled to, visit our free compensation calculator.

I think I have a hernia surgery claim – what should I do?

If you think you have a hernia surgery claim, get in touch with us for a free initial consultation. We’ll listen to the details of what happened and help you work out the best course of action.

There will be no pressure to go forward with a claim after speaking to us. Instead, we’ll give you all the information you need to come to a decision in your own time.

To speak to our compassionate claims team, call the number at the top of the screen or request a callback. And if you’d prefer to reach out online, we also have a quick and simple claims form on our website.