Why Might I have a Claim For Surgical Negligence?

You might have a claim if your surgeon or another member of the medical staff involved in your treatment makes a mistake during your surgery causing you an additional injury.  Complications can arise following any surgery but if it is because a mistake has been made, you may well have a case for medical negligence.

Whilst most operations are performed successfully, mistakes can and certainly do happen.

What Incidents Might Give Rise To A Claim?

There are various mistakes that can happen which may mean you have a claim for surgical negligence.  Some common types of mistakes are:

  • A failure to warn a person about their suitability for surgery and the risks of undergoing it
  • A delay in performing the surgery
  • Not removing a piece of medical apparatus and leaving it in the body
  • Causing nerve damage
  • Causing injury to internal organs
  • Performing the wrong procedure
  • Operating on the wrong body part
  • A “Never Event” which is an incident that guidance states should never happen
  • Failing to manage infection risks during or after surgery

It is important to note that these are just a few examples of potential negligence during surgery.  If it can be shown that the operation has been performed negligently or the surgeon lacked the necessary skills to undertake the surgery, there may be a claim.

It is prudent that anyone suspecting they may have a claim should speak to a solicitor who specialises in medical negligence cases as soon as possible because there are strict time limits for bringing such cases.

Who Will The Claim Be Against?

The claim will be brought against the NHS Trust or the private hospital and surgeon who performed the operation.

What Type Of Surgery Might Give Rise To A Claim?

Any surgical procedure of any discipline may give rise to a claim if a mistake has been made that should not have been and this has left you with an injury.  Some types of surgery that may involve grounds for a claim if things go wrong are:

  • Cardiac Surgery
  • Colorectal surgery
  • Ophthalmic surgery
  • Orthopaedic surgery
  • Spinal surgery
  • Gynaecological and obstetric surgery
  • Urological surgery
  • Vascular surgery

Any type of surgery could give rise to a legitimate claim if it can be shown that it was performed negligently.

Can A Claim Be Brought On Behalf Of My Child If A Mistake Has Been Made During Their Surgery?

It is possible to bring a claim on behalf of a child if a mistake is made during paediatric surgery in the same way if a mistake is made during an adult’s surgical procedure.

What Is The Time Limit For Bringing A Surgical Negligence Claim?

In most cases, a claim must be brought within 3 years of the date of the incident or the date a person is aware they may have suffered an injury due to the other party’s negligence.  Children will require a parent or relative to conduct the proceedings on their behalf until they are 18.  A person under 18 at the time of an incident has until their 21st birthday to bring a claim.

An experienced solicitor will be able to advise on the likely time limits that will apply at the outset and will ensure Court proceedings are commenced in time.

How Much Compensation Will I Receive If My Surgical Negligence Claim Is Successful?

This will depend on the severity of the injury sustained and any ongoing impact it is going to have on you in the future.  The compensation for your injuries is known as general damages.

Any compensation you recover should also include any financial losses you have and/or will continue to incur where it can be proved these arise due to the surgical negligence. These are referred to as special damages.  They could include past and future:

  • Loss of earnings
  • Care
  • Accommodation costs
  • Travel expenses
  • Medication costs
  • Medical treatment such as physiotherapy
  • Surgical procedures

Your solicitor will obtain independent expert evidence to properly value your claim.  This may involve obtaining evidence from experts in multiple medical disciplines where it is appropriate to do so.

What Should I Do If I Feel That I have Suffered Surgical Negligence?

You should contact a Solicitor who specialises in medical negligence cases as soon as possible.  It is also advisable to put in a complaint directly to the hospital or surgeon. Where the error involves NHS treatment, there is a specialist complaints process known as the NHS Complaints procedure which sets out the various steps to be taken on receipt of a complaint.

An experienced solicitor will again be able to help you with lodging a complaint whether it is NHS or private treatment that is involved.

How Will My Case Be Funded?

Most cases of surgical negligence will be funded on a 'no win, no fee' basis provided that your solicitor feels the claim has reasonable prospects of success.  This agreement is likely to be backed up by an appropriate 'after the event' insurance policy.  This is to cover any adverse costs and the fees payable to third parties to investigate the case in the event the claim does not succeed.

Next Steps...

Our team have many years of combined experience in pursuing claims for surgical negligence.  If you would like to discuss any concerns about your treatment and surgical negligence compensation claim on a no obligation basis, you should not hesitate to contact our team on freephone 0800 011 6666 or via email at legal@timms-law.com.