Instant, no obligation advice from our friendly solicitors
All surgical procedures come with a certain level of risk. The outcome of unsuccessful surgeries can have long-standing and permanent effects on a patient. However, having to suffer complications or harm from your surgery due to doctor’s negligence is even more devastating.
Such complications, harm or injury to the patient is regarded as surgical negligence and should never be condoned. As a patient, you have the right to make surgery negligence claims if you have suffered harm or injury and our expert medical negligence solicitors are here to help you.
Surgery negligence claim is a legal case made against a surgeon or any medical practitioner who made mistakes during your surgery, leaving you with further problems or injuries.
Your surgeon should ensure that your surgery meets the required standard. Failure to do this may lead to medical malpractice.
While surgical negligence takes place in less than 1% of all surgery procedures throughout UK hospitals, there are numerous circumstances under which mistakes are common. These include:
If your operation was performed wrongly in a situation where other surgeons, under normal circumstances, would have performed it correctly, you could sue for surgery negligence.
However, you’ll be required to provide substantial evidence if you wish to make a claim for compensation.
If you are able to prove that mistakes were made during your surgery, then you are eligible to claim compensation. To make a claim, you’ll need to prove that your surgeon didn’t meet the required standard and has caused you pain and suffering through that act of negligence.
You may be able to make a claim for yourself or for a loved one who can’t claim for themselves (for example, a child, someone without the mental capacity, or a dead person).
You should be able to show that the surgeon provided a substandard duty of care to you through an act of negligence. Further, that the harm or injury you have suffered directly results from the negligent action, and it wouldn’t have otherwise occurred.
Our surgery negligence solicitors are always available to provide you with medical negligence expert opinion and support as we help you in proving medical negligence. Contact us today.
When making a surgery negligence claim, you may be able to claim compensation for your injury under general damages. General damages cover the physical and emotional suffering you’ve been through as well as any long term impacts of the surgery negligence.
You will also be able to reclaim any financial losses incurred as a result of the negligence under special damages. Special damages cover any past and future monetary losses incurred due to the negligence. They include medical expenses, care costs, travel expenses, etc.
In addition, to claim any compensation, you’ll need to provide evidence such as receipts or payslips, to prove any financial losses.
The time limit for making a claim is usually three years from the date of your surgery or from the date you discovered surgical negligence caused your injury.
Claims on behalf of children: These can be made at any time prior to the child’s 18th birthday. Once they turn 18, they become eligible to make their own claim until they are 21.
Mental capacity: Another exception to the three year rule is for the mentally capacitated. In this case, no time limit is given to make a claim on behalf of someone who doesn’t have the mental capacity to claim themselves.
Most of the cases handled by our expert surgery negligence solicitors are funded on a no win no fee basis. This means that there’s no financial risk to you when making a claim. You’ll only have to pay a small percentage of the total compensation claimed if your claim is successful.
The average medical negligence payout for this NSW region was more than $650,000. This figure is considered high and it’s likely that the average across NSW is lower than $650,000, as payouts of this magnitude generally indicate quite serious medical negligence cases.
The following are the most common types of surgical error:
Not all surgical errors constitute medical malpractice. Instead, for a surgical error to be considered malpractice, the surgeon performing the surgical procedure must fail to follow the appropriate standard of care, and the failure must be the actual and proximate cause of the harm.
