If you’ve suffered an injury or illness as a result of surgery you underwent, you may be entitled to surgical negligence compensation. All surgery comes with an element of risk, but if you suffered serious side effects that weren’t explained to you before the procedure, the surgeon or staff may have been negligent in the way they treated you.
Negligence means that the surgeon or staff made an error (for example, giving incorrect treatment) or an omission (for example, failing to carry out routine tests) in the way they treated you. This might have occurred during your surgical procedure but also during your preparation or recovery.
Our specialist team of surgical malpractice lawyers provides expert legal advice in different languages to clients involved in surgery negligence claims. They operate on a No Win No Fee basis, meaning you won’t pay us any fees unless your case succeeds.
Types of surgical negligence claims – how can surgery negligence arise?
There are many ways that medical negligence can arise, depending on the nature of your procedure. Other factors that can influence the risk of negligence are staffing levels, the experience of the surgeon and their team in the procedure being undertaken and your underlying health.
In legal terms, surgery compensation claims are often considered when:
- Improper Performance: Medical errors in surgery technique or procedure.
- Inadequate Preoperative Planning: Failure to prepare adequately for surgery.
- Lack of Informed Consent: Not fully informing the patient of risks and alternatives.
- Postoperative Care Negligence: Poor aftercare resulting in complications.
- Anaesthesia Errors: Mistakes made in administering anaesthesia.
If you’ve suffered in any way not listed above—especially if it’s something that wasn’t explained clearly to you before the surgery—contact us to discuss your circumstances.
What is surgical negligence, and how are surgical errors identified?
Surgical negligence refers to mistakes made during or after surgery that fall below the accepted standard of care, leading to harm or injury to the patient.
Some of the negligence and surgical malpractice examples might include:
- Scarring that is unexpected or unusually severe
- Nerve damage resulting in reduced mobility
- Surgical items left inside the body
- Treatment of the wrong area
- Infections suffered
- Complications with administration of anaesthetic
These are just a few of the more obvious surgical errors, malpractice, and negligence. As with any personal injury case, there is no exact list of the injuries compensated.
Who is ultimately responsible for surgical negligence?
As each case is unique and circumstances differ, it is important to assess each scenario individually. However, if it is proven that there is a case of surgical negligence, the responsibility lies with the healthcare professionals involved in the surgical process. This includes:
- Surgeons: Primarily responsible for performing the surgery correctly.
- Anaesthetists: Accountable for the proper administration of anaesthesia.
- Nursing Staff: Responsible for preoperative and postoperative care.
- Hospital Administration: Ensuring a safe, sterile environment and proper staff training.
Each party must adhere to the standard of care required to prevent negligence and ensure patient safety.
How much surgery negligence compensation might I receive?
The amount of compensation you receive very much depends on the level of suffering, inconvenience and financial loss that you have suffered. If any of these factors are long-term – for example, if you’re unable to work for a prolonged period – then there is potential for a higher compensation award.
You may be able to claim for the following if they are a direct result of your injuries:
- Compensation for distress and upheaval
- Loss of earnings and financial losses incurred
- Medical costs, prescription fees, care and rehabilitation costs
- Adaptations to your home or vehicle
- Damage to your property
- Travel expenses incurred
Our surgical negligence solicitors can work with you to establish exactly how you’ve suffered as a result of the surgical procedure and whether or not you are entitled to claim compensation. From there, if appropriate, we can help you determine the compensation level you should claim.
Do I have a valid claim for surgical negligence compensation?
If you can answer yes to all three of the following questions, we recommend that you contact us to discuss your circumstances further:
- Was the incident within the last three years?
- Was someone else to blame for the incident?
- Were you injured as a result of the incident?
Answering ‘yes’ to all three doesn’t mean that a successful claim is certain. However, these questions are key to the claims process. Answering yes to all three does indicate that you have a greater chance of being entitled to a claim. Getting prompt specialist legal advice could be beneficial.
Because of the three-year time limit, it’s important that you contact us promptly so that we can start the process for you. Negligence cases can come down to fine details, so by talking to us early, you can also be sure that these details are relatively fresh in your mind.
What is the process of bringing a surgery negligence compensation claim?
Because no two cases are the same, the process for your claim will vary, but there are some standard protocols we need to follow before you can claim. We will also need to arrange medical reports to support your claim, and in some instances, we might appoint independent medical experts to provide their specialist opinions.
Filing a surgery negligence compensation claim with lawyers typically involves several key steps:
- Initial Consultation: Contact a solicitor experienced in medical negligence claims to discuss your case and determine if you have a valid operation gone wrong claim.
- Gathering Evidenc: Collect medical records, witness statements, and any other relevant documentation to support your surgery gone wrong claim.
- Medical Expert Review: An independent medical expert reviews the evidence to establish whether the standard of care was breached.
- Filing the Claim: Your solicitor will file the claim with the responsible party or their insurance company, outlining the details of the negligence and the compensation sought.
- Negotiation: Often, a settlement is reached through negotiation without going to court. Your solicitor will negotiate on your behalf to secure the best possible outcome.
- Court Proceedings: If a settlement cannot be reached, your case may go to court, where your solicitor will represent you to seek a judgment in your favour.
- Compensation Payout: If successful, you will receive compensation to cover medical expenses, loss of earnings, and other injury-related costs.
Once we’ve had our initial conversation with you, our surgical errors attorney will be able to give you much more detail on the likely progress and conduct of your claim.
How do I begin a compensation claim for surgery negligence?
Call us on 0208 1111 911 or contact us through the website, and we’ll discuss your circumstances with you. The first call typically takes about 15 minutes, and in that time, we can usually determine whether or not it’s realistic to pursue a claim for compensation.
Why choose Litkraft Solicitors for No Win No Fee surgery negligence claims?
Choosing Litkraft Solicitors for surgery negligence claims ensures highly experienced legal professionals’ support navigating complex legal procedures. Our expertise in handling complex surgical negligence cases means we understand the intricacies involved and can effectively navigate the legal process on your behalf.
- Extensive Experience: With years of experience in medical negligence claims, our solicitors have a proven track record of working with similar cases and helping victims secure fair compensation for surgical errors.
- No Win No Fee: Our No Win No Fee arrangement allows you to pursue your claim with less financial risk. You won’t incur any legal fees for our services unless we win your case, providing peace of mind during a challenging time.
- Personalised Support: We offer compassionate and personalised legal services, ensuring your case receives the attention it deserves. Our team is committed to understanding your unique situation and working tirelessly to achieve the best possible outcome.
At Litkraft Solicitors, we prioritise your well-being and aim to provide a seamless and supportive legal experience. Every surgery negligence claim is handled with professionalism and care.
Below are some of the most frequently asked questions. For more information, feel free to contact us in the way that’s most convenient for you.
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You generally have three years from the date of the surgery or from when you first became aware of the negligence to file a surgical negligence claim. However, there are exceptions, for instance, for minors or those with reduced mental capacity.
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Yes, you can make a surgery claim on behalf of a loved one if they are unable to do so themselves. This includes situations where the individual has passed away, is incapacitated, or is a minor.
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Yes, it is possible to make surgical negligence claims for surgeries that happened abroad. However, these cases can be more complex, and it’s wise to seek legal advice from experienced solicitors who understand international medical negligence laws.
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The process generally involves an initial consultation with a solicitor, gathering evidence, a medical expert review, filing the claim, negotiation, and potentially court proceedings. Successful claims result in compensation payouts covering medical expenses and other related costs. However, each case is unique, and that determines possibilities and legal processes.
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The duration can vary depending on the complexity of the case. Simple cases might settle within a few months, while more complex cases can take several years to resolve, especially if they go to court.
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Compensation for operation gone wrong can cover a range of damages, including medical expenses, loss of earnings, pain and suffering, and any additional costs incurred due to negligence, such as rehabilitation or ongoing care needs.
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Essential evidence includes medical records, witness statements, expert medical opinions, and documentation of any financial losses incurred due to the negligence. This evidence helps establish the breach of care and its impact on the patient.
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