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The operation of having surgery can be tense and traumatic as it usually means time off your feet while you recover. If a mistake happens within surgery, you could be faced with a longer recovery time or further difficulty. Not even the mistake is physically life-changing, it can be mentally.
Although the idea of starting a claim may seem daunting, with an expert lawyer, the claims process is as straightforward as possible. Just one free phone call to a legal adviser on 0203 603 7712. They’re simply with you to help you understand if you can claim.
Surgical negligence is a kind of medical negligence. Particularly, it mentions when the treatment you received was wrong, delayed, or not to the standard of other experienced surgeons.
All medical staff that treats you while you stay at a hospital visit to the doctor or when you receive physiotherapy or counseling has a duty of care towards you. This duty of care offers a universal standard for what you can expect and what’s expected of the professional treating you.
When your counselor is making your case, they will try to establish if other professionals in the same situation would have acted in the same way. This implies, even when there wasn’t an obvious accident, the person treating you may still have been careless because they gave you treatment or acted wrongly others wouldn’t in the same situation.
If you’re ready to start your claim, then the first step is to get in contact with a legal expert for free on 0203 603 7712. After calling, you can find out if you do have a claim and be put in contact with an expert Lawyer who can deal with your case.
On the call, they will ask some questions about the surgical treatment you received and the injury or illness you’ve suffered as a result. We know this might be distressing to relive, but the advisor does this is so they can get a clearer idea of what happened and how it’s affected you.
Thereafter, if they think you can start a claim, and you decide you would like to forward, they can put you ahead to one of their specialist medical negligence solicitors. They will then speak to you without any fee and will gather some more details about your case. Then, if you’re happy to go forward they’ll get in contact with the negligent party on your behalf.
The normal time limit for making a surgical negligence claim is 3 years from the ‘date of knowledge’. This usually means you have 3 years from the date of your surgery, or when the injury took place.
In case if your injury only became apparent at a later date, then you have three years from that point to start a claim. If you are unsure, don’t worry – a legal expert can let you know when they speak to you if you’re able to start a case.
Ans. For a successful surgical fault claim to be made, your lawyer will need to prove that:
1. There was a doctor-patient relationship and the doctor therefore you were his responsibility.
2. The doctor violated that duty of care (i.e. was negligent)
3. The doctor’s negligence caused you damage.
4. The damage led to further injury, illness, or suffering
To help your lawyer with your case, it’s likely they’ll ask you to join a free medical assessment. There is nothing to worry about this and is a standard part of any personal injury claim. The free medical assessment is done with a doctor who’s tasked with understanding the full extent of your damages. As part of their evaluation, they may also provide you with further rehabilitation plans and advice.
Many different types of accidents can lead to injury; the followings are a few examples that might have happened to you:
1. Wrong treatment given, leading to scarring or in extreme cases amputation
2. Wrong dose of anesthetic administered by an anesthetist
3. Injuries inside your body, such as punctured organs
4. Mislead, not fully explaining the complications, risks, or your recovery time
5. Infections, caused by unsafe or dirty equipment, cross-contamination, or the wrong prescription
‘Never’ events are errors that are so serious they should never happen. These types are commonly seen as avoidable, and when they do happen there has been a grave breach in the duty of care and likely serious consequences.
Included in ‘Never’ events are mistakes such as:
Performing the wrong operation on the right person
Working on the scheduled operation but on the wrong person
Done surgery on the wrong portion of the patient’s body
Leaving anything instead of the patient’s body
Perforating an internal organ
If your loved one is aged less than 18 and suffered negligence during surgery, you can make a claim on their behalf any time up until they are 18. After 18, they then have three years to make a claim themselves.
You can also start a claim on behalf of another adult if they are considered a ‘protected person’. For instance, if they are unable to make their own decisions legally because of a mental illness, or because of the surgery they had resulted in being unable to start their own case.
If the error during surgery was fatal, then a compensation claim can be started by the deceased person’s:
If you are not sure whether you will be able to make a claim on behalf of a loved one, you can speak to a trained legal adviser by filling in the online form or calling 0203 603 7712 for free. They’ll be able with you to tell whether they think you might have a case.
Besides being physically painful and emotionally to cope with, we know your injury is also likely to have had an effect on your finances. Expert injury solicitors look at each case on an individual basis and make sure you’re covered for the costs and the effect that the injury has had on your life.
After a legal adviser puts you in touch with one of their lawyers, they will do hard work to get a good understanding of what you’ve been through, so they will make sure you are fully repaid and not left out of pocket. For example, they will look to cover:
The value of your pain and suffering, both physical and psychological
The loss of earnings you might have been through while off work
Any savings you have emptied to cover bills or other costs
Any private medical charge you’ve needed to put your injury right
Transport or arrangement costs for you and your family, while you were receiving treatment
Any future expenses or adaptations to your home
Social affairs, activities that you’ve missed out on
Starting a medical error claim might seem stressful at a hard time, but the financial help can help to reduce the impact your injury has had, give you calm, and can help you move forward with your life. You can get in touch with a legal adviser for free advice by calling 0203 603 7712.
It is vital to not forget that those treating you have a responsibility to help you recover and deliver the highest quality of care. If they have failed, you have a right to make a claim.