Surgical negligence compensation claims

If you’ve been injured by a mistake made before, during or after surgery, you may be able to claim compensation.

We understand that no amount of money can change what has happened to you or undo the consequences of surgical negligence. However, a compensation claim can help alleviate some of the financial pressures you may have found yourself under as the result of your injuries.

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Understanding surgical negligence

Surgical negligence happens when you suffer harm due to a mistake made during your treatment, leaving you with further problems or injuries that you would not otherwise have had.

Some examples of surgical negligence could include:

  • failure to properly assess your suitability for surgery
  • failure to properly consent for surgery
  • failing to perform needed medical tests before the surgery or misinterpreting the results 
  • avoidable injury to internal organs due to surgical error
  • performing a different procedure to the one you gave consent for 
  • failure to remove surgical instruments or swabs before sewing up a wound
  • a longer period of recovery due to avoidable complications and unexpected consequences
  • psychological trauma following awareness and pain due to insufficient anaesthesia
  • avoidable infection
  • incorrect surgery, such as amputation of the wrong limb
  • failure to provide proper aftercare or instructions following surgery
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Your rights and eligibility

If you have concerns about your surgery, or the care you received around surgery, you are entitled to find out more about the care you were given.  A solicitor will be able to help you with this and we can help you make a valid compensation claim. 

Cases where compensation may be due include:

  • when an operation failed and it should not have done if carried out by a reasonably qualified person
  • where anaesthetic caused harm or an allergic reaction that could have been avoided or appropriate steps were not taken when that happened
  • where a loved one died during an operation and should not have done
  • cases where you were not warned of the risks of an operation
  • the wrong operation was carried out

Secondary damage was caused (such as a cut to another organ) and it was not a reasonable risk of the procedure.

How can compensation help you? 

Although compensation cannot undo the harm caused, it could help alleviate some of the challenges, costs and losses that you have suffered because of it. 

For instance, compensation could help pay for any additional treatment, therapy and rehabilitation costs to ensure you receive necessary ongoing care. Additionally, it could help pay for any adaptations to your living arrangements, or assistance to restore your day-to-day life back to normal as much as possible. It can also help cover any loss of earnings if the surgical mistake means you have been unable to work. 

Compensation is also there  to compensate you for the pain and suffering you have gone through.  Aside from financial support, a compensation claim can also hold accountable those responsible for the negligence that led to your injuries by  providing an apology, explanation and a sense of closure to you  and  your loved ones. 

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

Choosing a surgical negligence lawyer

Surgical negligence compensation claims can be very complex. Therefore choosing a lawyer who specialises in surgical negligence can be a big advantage in the success of your claim and helping you secure the right amount of compensation. 

Our expert team here at Enable Law are experienced in working with a wide range of cases arising from surgical mistakes. We’re here to listen to your experience, answer any questions you have about making a claim, and help you understand what may have happened. We will then provide you with an honest opinion on  whether we believe you have a valid claim and we can walk you through your options for pursuing it. Please contact us to have a free confidential discussion with a member of our  dedicated team of surgical negligence lawyers. You have nothing to lose and will benefit from our years of experience helping clients who have suffered injuries because of surgical negligence.

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Surgical negligence FAQs

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.

Request a Call Back

If you would like us to call you back to discuss a potential claim, please complete the form below and a member of the team will call you at a time convenient to you. We are in your corner and ready to help. Alternatively, you can contact us by email.

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