Surgical negligence compensation claims

We understand the desire to know how much your claim could be worth to help you decide whether to pursue a claim. Unfortunately, it’s not easy to answer because there is no set amount of compensation for surgical negligence; how much compensation you are awarded depends upon the severity of injuries you sustained and the financial consequences of that and is always unique to the individual. We can give you an idea of the value of your claim when we speak to you.

In most medical negligence cases you have three years to make a claim for compensation. The three year period starts running from the date the negligence happened or from the date you found out/had good reason to suspect that the treatment you received may have been negligent.

However, if you are worried that you are out of time for bringing a claim, do not let that stop you from calling us. The rules regarding the time for bringing a claim are quite complex and we may still be able to help you even if the surgical error happened significantly more than 3 years ago.

There are some other rules regarding time limits:

• For children this three year period doesn’t start to run until they turn 18 and then runs from their 18th birthday.
• If someone dies as a result of surgical negligence, the three year time limit starts from the date they passed away.
• There are even some circumstances where the time limits do not apply at all.

Therefore, whilst there are some rules on this, it is always worth speaking to us about your claim, no matter when it happened.

The short answer is probably not, the legal test is that you must have suffered an act of negligence that caused you to suffer harm to be able to bring a successful claim.  If you are not happy with the outcome of your surgery but there was no harm caused to you there are other ways for you to express your dissatisfaction, including speaking with your treating doctor  directly, making contact with your hospital’s PALS team or making a complaint to the CQC or Healthwatch.

A member of our team will be happy to explore whether the care you received was negligent and if not, guide you on alternative options for making a complaint.

Yes, psychological injury is just as valid as physical injury, however, as with any injury, the psychological harm needs to be caused by a negligent act.  If your surgical experience was potentially negligent and has caused you psychological trauma ycontact us direct to have a discussion about what happened so we can explore ways we can help you.

No.  Medical negligence is just a general term for negligent medical treatment, surgical negligence is specific to negligence at or around the time of surgery, but there is no difference in terms of the legal test to pursue a claim.  However, you may want to ensure you have a solicitor representing you who has the necessary expertise to manage your claim and so someone who has experience of surgical negligence claims is going to be best placed to help you bring a successful claim.

Yes. Consent to treatment does not mean that you are consenting to things going wrong if what has happened could have been avoided with adequate surgical care. Unfortunately, with all medical treatment things can go wrong and it is not always as a result of negligence, so whether you have a claim will be looked at on the facts, considering whether the doctor treating you failed in their duty of care and whether they acted with appropriate care and skill expected of someone in their profession. Speak to one of our specialists and we can help talk you through this.

A relative or loved one can bring a claim on behalf of a child or person lacking capacity to do so themselves.

If a loved one has died after failures in their care it is possible for certain relatives, such as the parent of a child or spouse of an adult, to claim compensation. Relatives often want an explanation or apology for what happened and compensation may be awarded to help offset the financial hardship caused by a loved one’s illness and death where medical negligence was a factor.

In addition, if you are too unwell to contact a solicitor yourself, or if you feel you need help bringing a claim for whatever reason, you may be able to nominate a family member help you with your claim, please speak to us if this is of concern to you and we can talk you through your options.

Timescales vary. Straightforward cases may resolve sooner, but complex surgical claims often require expert evidence and can take longer, especially where long term prognosis and care needs must be assessed.

Yes. The route is different in terms of who is pursued, but the core question is still whether care fell below an acceptable standard and caused avoidable harm.

Signing a form does not automatically mean consent was properly obtained. If key risks were not explained in a meaningful way, or alternatives were not discussed when they should have been, that can still be relevant.

Yes. Delayed diagnosis of complications, failure to monitor, and poor discharge advice can all form part of a surgical negligence claim.

It can include treatment, rehabilitation, care and support, adaptations, equipment, and loss of earnings, alongside compensation for pain and suffering.