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Surgical Error Claims

Mistakes within surgery can be life-changing

The surgery can be very traumatic and stressful as it can affect your day to day life. You could face further complications or longer recovery time if a mistake happens during surgery. The mistake can impact a person not only physically but mentally as well.

You probably feel let down if you or a loved one has suffered from surgical negligence. No one expects to come out with more injuries after surgery. If you or a loved one have experienced this then you can search for help. The idea of starting a claim may seem intimidating but with the help of a professional solicitor, this process can be completely pressure-free. They are there to help you understand if you can claim or not. And if you can make a claim, then the compensation can help you to stand again on your feet and it also could help with the impact your injury has had on your life, and on your future.

What is surgical negligence?

Surgical negligence is a kind of medical negligence. Particularly, it refers to when the treatment you received was wrong, delayed, or not to the standard of other experienced surgeons.

All doctors, nurses, and the medical staff who treat you when you are admitted to hospital all of the medical staff have a duty of care towards you. This duty of care will provide a universal law for what you can expect. When this duty of care is not confirmed, that's when accidents can happen and we can make claim. Your solicitor is the best person to consult.

When your solicitor is working on your case, they will try to set up if other professionals in the same situation would have acted in the same way. This implies, even when there wasn’t an apparent accident, the person treating you may still have been careless because they acted wrongly and gave you a treatment others would not give in the same situation.

Starting your claim

Whenever you are ready to make a compensation claim. The first step for that is to connect with an expert legal advisor for free on .

On the call, they will ask some questions about the surgery and treatment you received and the injury or illness you have suffered. We know this might be distressing to relive, but the advisor does this so they can get a clearer idea of what happened to you and how it affected your life.

Thereafter, If the solicitor thinks you can make a claim and you decide to go ahead with the case, they can put you forward to their specialist medical negligence solicitor/advisor. They will then coordinate with you about your case and get all the information about the case. 

Is there a time limit to make a claim?

From the date of knowledge the usual time limit for making a surgical negligence claim is 3 years. So from the date of surgery or when the injury took place, you have three years to make a claim.

In case if your injury only became evident at a later date, then you have three years from that point to start a claim. If you are not sure, there is nothing to worry about – you can contact a legal expert and he will let you know when they speak to you if you’re able to start a case or not.

What’s involved in proving negligence happened?

For a successful surgical fault claim to be made, your lawyer will need to prove that:

To help your lawyer with your case, it's likely they will ask you to join a free medical assessment. It is a routine part of any personal injury claim so there is nothing to worry about. The free medical assessment is done by an independent doctor. You may also provide further rehabilitation plans and advice.

Types of surgical errors

Many different types of accidents can lead to injury; the followings are a few examples that might have happened to you:

‘Never’ events

There are some serious mistakes that should never happen, these are ‘Never’ events.

Included in ‘Never’ events are mistakes such as:

Can you make a surgical claim on behalf of a loved one?

If your child/loved one is under the age of 18 and suffered negligence during surgery, then you can make a claim on their behalf any time until their 18th birthday. They have 3 years to make a claim after they have turned 18.

You can also make a claim on the behalf of another adult if they are suffering from any mental condition and are unable to make their legal decision.

If the error during surgery was fatal, then a compensation claim can be started by the deceased person’s:

If you are unsure about whether you will be able to make a compensation claim on the behalf of a loved one/child, you can connect with a legal advisor for free on . The legal advisor will be able to tell you whether they think you might have a case or not.

 How much compensation could you receive?

It is very difficult to cope physically and emotionally both from the injury. The injury can also impact financially. Expert injury solicitors take a look at every case on an individual basis, and they make sure you will be covered for the costs and the effects the injury had on your life.

After you consult a legal advisor he will put you in touch with one of their solicitors. They will look at the cover:

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 and can help you move forward with your life. You can get in touch with a legal adviser for free advice on .

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.