How To Make A Surgery Negligence Claim
If you have been harmed by a surgeon, you may be able to make a surgery negligence claim.
£85 million in compensation
How To Make A Surgery Negligence Claim
If you have been harmed by a surgeon, you may be able to make a surgery negligence claim.
A Complete Guide To Surgery Negligence Claims
Every year, millions of people all over the UK will undergo some form of surgical procedure. When you go into surgery, you expect the highest level of care. But what happens when things go wrong?
In this guide, we’ll explore everything that you need to know about making a surgery negligence claim.
Key Takeaways
- You can claim against the NHS or a private surgeon
- You can claim if you were harmed because of substandard care
- You can make a claim on someone else’s behalf
- Our solicitors can help you on a No Win No Fee basis
Contact Us
We hope our guide will answer any questions that you might have about the surgical negligence claims process, but if you’d rather talk to one of our friendly advisors, you can contact us today by:
- Calling us on 0151 375 9916
- Contacting us online
What Is Classed As Surgical Negligence?
Surgical negligence is a kind of medical negligence. This umbrella term covers a variety of different mistakes and errors, but what does it actually mean?
Essentially, medical negligence occurs when the medical care you receive doesn’t meet the expected minimum standard, and this causes you to suffer unnecessary harm. Sometimes, in a medical setting, harm can be unavoidable; for example, if you need to have your leg amputated to stop the spread of cancer, this harm is necessary in order for you to get better. However, if your surgeon then amputated the wrong leg, this would be an example of surgical negligence.
A common misconception about surgical negligence is that you can only claim for procedures that are medically necessary. But medical negligence doesn’t only apply to necessary procedures; the same minimum standard applies to cosmetic surgery and elective procedures.
We’ll talk more about when you can make a surgery negligence claim and what counts as surgical negligence in the following sections, so keep reading to learn more. Or, you can contact our team today by following the details above.
Common Examples Of Surgery Mistakes
So, now we’ve explained what medical negligence is, let’s talk about some of the most common examples of surgical errors.
Performing The Wrong Surgery
This occurs when your surgeon is misinformed and does not perform the necessary checks before your operation, resulting in them performing the wrong surgery. This can be anything from taking out a healthy organ or exploring the wrong area of the body all the way up to completely amputating healthy limbs.
Failed Surgery
Sometimes, surgeries don’t meet their expected outcomes. This isn’t always negligence, and your surgeon should advise you of the risks and different outcome potentials before your operation. However, surgeries can also fail because your surgeon isn’t experienced enough or qualified enough to perform them, which puts you at risk. For example, this could look like an orthopaedic surgeon attempting to perform brain surgery.
Wrong Surgery Location
Wrong-site surgery occurs when your surgeon operates on the wrong part of your body. This is always a case of negligence, as it falls under the NHS’ list of surgical never events, which is a term used to describe patient safety incidents that should never happen.
Unnecessary Procedures
An unnecessary procedure is a surgery that doesn’t need to happen. For example, if you are misdiagnosed with cancer, then you may undergo an exploratory biopsy, only for them to find that there is no cancer.
Surgery Delays
The delays and waiting lists within the NHS often make headlines, but unfortunately, this isn’t always classed as negligence. However, surgical delays caused by your doctor or GP failing to act or refer you for a consultation could be considered an act of medical negligence.
Organ Perforation
Organ perforation is a common risk in many surgeries, as the margin for error is often very small, especially in high-risk procedures like heart surgery or liver surgery. Perforation can happen for a number of reasons, for example, surgeons operating when they are unable to properly control their motor functions or using the wrong surgical tool.
These are only a few examples of surgery negligence; if you can’t see your case reflected here, don’t worry. Talk to one of our advisors today to find out if you could claim, or keep reading to learn more about when you could pursue compensation.
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Can I Make A Claim For Incorrect Surgery Compensation?
So, when are you eligible to make an incorrect surgery or surgical error compensation claim? The short answer is, as long as you can prove that medical negligence occurred, then you can make a claim.
All medical professionals owe their patients a duty of care. This means that they need to provide treatment that meets a minimum standard. If the treatment you receive during your surgery doesn’t meet this minimum standard, and you suffer avoidable harm as a result, then you could make a surgery negligence claim.
Contact our team of advisors today to find out if you could make a claim for surgical negligence compensation. Or, keep reading to learn about what your compensation could cover.
How Much Surgery Compensation Could I Be Entitled To?
You might be wondering how much compensation you could receive if you make a successful surgery negligence claim. Generally, compensation payouts can be made up of two headings: general damages and special damages.
General damages are awarded to everyone who makes a successful claim. This is because it covers the pain and suffering caused by the harm you’ve undergone, and you cannot claim if you haven’t suffered harm. The amount that you could get in terms of general damages is based on a number of factors, including:
- How severely you were harmed
- The amount of evidence you have to support your case
- Whether your quality of life has been affected
When professionals value general damages, they’ll consider all of these factors, but they might also use the Judicial College Guidelines (JCG) as a point of reference.
The JCG is a helpful document that contains common injuries and illnesses, with different severities for each. These all come with a guideline compensation bracket. You can take a look at some examples of these below, but please keep in mind that they are only guideline amounts and that the first entry isn’t a JCG figure.
Surgical Error Compensation Brackets
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple Serious Forms of Harm With Financial Losses | Up to £1,000,000+ | Compensation for suffering multiple forms of harm that are serious in nature and their associated financial losses such as medical expenses. |
| Very Severe Brain Damage | £344,150 to £493,000 | There is some ability to follow basic commands, but that comes with little to no language function or meaningful response to their surroundings. They will need full time professional care. |
| Less Severe Brain Damage | £18,700 to £52,550 | The claimant will have made a good level of recovery, and they will be able to return to work and take part in a normal social life. Minimal symptoms, like poor memory or trouble concentrating, may persist. |
| Severe Back Injuries (i) | £111,150 to £196,450 | The most severe back injuries fall under this bracket, involving damage to the nerve roots and spinal cord, and causing severe pain and disability. |
| Bowel Injuries b) | Up to £183,190 | This bracket depends on the age of the claimant, and covers loss of natural bowel function with a dependence on colostomy. |
| Chest Injuries (a) | £122,850 to £183,190 | Total removal of one lung with serious heart damage, long-term pain and suffering, and permanent and significant scarring. |
| Above-Knee Amputation of One Leg | £127,930 to £167,760 | Compensation in this bracket will depend on the level of amputation, pain, the age of the claimant, and the severity of any phantom pains. |
| Amputation of One Foot | £102,470 to £133,810 | These kinds of injuries are valued similarly to below-the-knee amputation, thanks to the loss of the ankle joint. |
| Kidney Injuries (c) | £37,550 to £54,760 | One kidney is totally removed, but there is no damage to the other. |
| Female Reproductive Injuries (g) | In the region of £12,450 | Failed sterilisation that leads to unwanted pregnancy, causing no serious impacts on the claimant’s mental health. |
| Scarring With No Significant Internal Injury | In the region of £10,550 | This bracket covers scarring from an exploratory laparotomy that found no significant internal injury. |
Can I Claim For Financial Losses Caused By A Surgical Error?
Yes, you can claim for losses you’ve suffered as a result of surgery negligence. These fall under special damages. This head of compensation could help you recoup the cost of things like:
- Private healthcare and medical expenses
- Prescriptions
- Cosmetic aids
- Childcare
- Travel
- Mobility aids
- Loss of earnings
- Prosthetics
- Home adjustments
- Counselling
Evidence will need to be submitted of these financial losses, with documents such as payslips and invoices.
To learn more about how much medical negligence compensation you could receive in a successful surgery gone wrong claim, contact our team of advisors today.
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We pride ourselves on providing the best service possible for our clients.
Why Should I Claim For Compensation After A Surgery Error?
A surgical error can have serious and long-lasting effects on your daily life, and claiming compensation for this can be beneficial in more ways than one.
Most practically, compensation can help ease the financial strain of coping with medical negligence. As we explained above, your payout can cover the actual harm you suffered as well as the financial burdens caused by your injuries.
But a successful claim can also help restore a sense of justice, helping you find closure emotionally so that you can focus solely on your recovery.
Finally, making a medical negligence claim can help keep the same errors from repeating. When medical errors and mistakes are brought to light through the claims process, it means that systems can be put in place to make sure that no one else has to suffer.
Our team of expert advisors can tell you more about the benefits of claiming surgery negligence compensation when you get in touch. Or, you can keep reading to learn more about the medical negligence claims process.
My Surgery Was Carried Out By The NHS, Can I Sue For Medical Negligence?
It doesn’t matter whether your surgery was from the NHS or the private sector; your right to compensation doesn’t change. In fact, NHS Resolution exists to help both claimants and the NHS solve disputes fairly.
NHS Resolution is an arm’s length body of the Government, and they help with claims management, safety and learning, and delivering advice and support to practising professionals.
Those working for the NHS or for the private sector are all bound by the same duty of care. Whether you underwent surgery in a private hospital or in an NHS facility, you still deserve care that meets the minimum standard. Contact our team today to learn more about who you could make a surgery negligence claim against.
What If The Procedure Happened Abroad?
Each year, more and more people choose to have elective and cosmetic surgeries abroad. There are a number of reasons behind this, from NHS waiting times to cheaper options for elective procedures. But surgeons abroad don’t owe you the same duty of care as they would in this country. Whether or not you could make a claim for surgery negligence that happened abroad depends on what country you were in, what happened, and their laws regarding medical treatment and procedures.
If you have been harmed by a surgery abroad, contact our team to find out if we could help you claim compensation.
How Long After My Surgery Can I Start My Negligence Claim?
You can start a surgery negligence claim at any point within three years of either:
- The date your surgery occurred
- The date you realised that the harm you suffered was connected to the surgery
This is outlined by the Limitation Act 1980. This legislation dictates how long you have to start different kinds of compensation claims, including medical negligence claims. It’s important to note that you don’t need to resolve your claim in this timeframe, you just need to start it.
Read on to find out when you might be exempt from this three-year rule, or contact us today to find out if you are within the time limit to start a medical negligence compensation claim.
Am I Able To Claim On Behalf Of Somebody Else?
Sometimes, those who have been harmed by surgical negligence aren’t in a position to claim for themselves. This could happen for a number of reasons. For example, they may not have the mental capacity needed to claim for themselves, or they could be under the age of eighteen.
In these cases, you could potentially start a claim on their behalf as a litigation friend. When you act as a litigation friend, it becomes your responsibility to make the claim and act in the claimant’s best interests. To become a litigation friend, you need to apply through the Court. They will then decide whether or not you are suitable to take on the role, and will approve or deny your request as necessary.
If you are interested in acting as a litigation friend for someone else, we are here to help. Contact us today to find out if you could work with one of our expert medical negligence solicitors.
How Can I Prove My Surgery Was Negligent?
It’s essential that you’re able to prove that medical negligence has occurred. But how can you go about this?
Generally, proving a medical negligence claim comes down to causation. This means being able to prove that the harm you suffered was a result of your surgeon’s negligent actions.
For example, most surgeries leave scars, so you usually would not be able to prove that the scar is a result of negligence. However, if your scar was in the wrong place, this would prove that your surgery was in the wrong place, too. As mentioned above, wrong site surgery is a form of medical negligence.
Our specialist medical negligence solicitors have decades of experience, and are experts in handling and proving surgery negligence claims. Contact us today to find out how our solicitors could help you.
What Steps Should Be Taken To Ensure Surgical Errors Are Prevented?
The medical professionals involved in your surgery are responsible for making sure they identify and mitigate potential risks and errors. Some examples of the steps that surgeons can take to prevent errors in the operating room include:
- Confirming with the patient what the procedure is before sedation
- Use checklists to ensure that all the necessary verification steps have been taken
- Follow their hospital or clinic’s specific fail-safe policies
- Mark the surgical site clearly with inedlible ink
- Use a “time out” procedure before the surgery begins to verify that all the details are correct one final time before proceeding, including everyone in the team
- Foster an environment that promotes open and clear communication between team members
Surgeons are also given guidance on standards and the things they are expected to do to fulfil their duty of care by the Royal College of Surgeons (RCS).
Our team of advisors are here to help. If you’ve suffered as a result of a surgical error, talk to one of our advisors today.
Can I Make A Surgery Claim On A No Win No Fee Basis?
A common worry around making any kind of compensation claim is that it will cost a lot of money. Expert legal representation can have a reputation for being expensive, but this is a common misconception.
At JF Law, we believe that legal help should be accessible to everyone. Because of this, our expert solicitors work on a No Win No Fee basis. But what does No Win No Fee mean?
Essentially, working with a solicitor on a No Win No Fee basis means that you don’t pay any fees for their work unless you win. Specifically, our solicitors use Conditional Fee Agreements (CFA). Under a CFA, you don’t pay anything for your solicitor’s work:
- Upfront
- As the claim proceeds
- At all if the claim fails
If you win, then your solicitor takes a success fee, which is a small percentage of your compensation, but it’s limited by a legal cap. This safeguard is in place to make sure that the fee your solicitor takes is fair.
Our specialist solicitors have a proven track record and have already recovered over £80 million of compensation for our clients. We take pride in providing the highest standard of legal expertise, and are ready to help you through the claims process.
Contact Us
We are here to help. If you have any questions about the medical negligence claims process, or would like to receive free advice for your case, our advisors are here to help. To start your free, no-strings-attached consultation, get in touch with our expert team today by:
- Calling us on 0151 375 9916
- Contacting us online
More Information
To learn more about making a medical negligence claim:
- Learn how to make a medication error claim
- Get help making an epilepsy misdiagnosis claim
- Find out if you could make a claim for a misdiagnosed ectopic pregnancy
Or, for more resources:
- Learn about having an operation with the NHS
- Find out how to make a claim through the Care Quality Commission (CQC)
- Get advice for claimants from NHS Resolution
Thank you for reading our guide to surgery negligence claims.
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