Making a Claim for Surgical Negligence Compensation

No surgery is completely risk-free. Patients who are able are therefore always asked to give their consent before any procedure is carried out, and should be made aware of any risks before signing on the dotted line. Rarely, even with the best efforts of the medical staff involved, things can and do go wrong.

Any type of surgery, even if it is an elective procedure, can be very stressful. When that surgery goes wrong, for whatever reason, the experience can turn into a nightmare. If the surgery has caused a preventable injury due to carelessness or incompetence of trusted medical staff, this can make the situation even more upsetting and stressful. However, in these circumstances it might be possible to make a claim for surgical negligence with the assistance of one of our experienced and specialist medical negligence claim team. If your claim is successful, it can help alleviate some of the pain, suffering or financial, physical or psychological loss caused by the injury and its ongoing effects.

What exactly is surgical negligence?

There are many different negligence claims made in the UK for injuries which have been caused by surgical techniques which just did not come up to standard. These include:

• Injuries to a patient’s internal organs during keyhole surgery

• Damage to nerves or burns caused by surgical equipment

• Surgery performed unnecessarily

• Inadequate anaesthesia used during surgery

• Surgery on the wrong part of the body

• Surgeons leaving items like swabs or scissors inside the patient

• Post-operative infection caused by poor sterilisation of instruments

• Failing to achieve the desired outcome of surgery

Surgical negligence can also include pain and suffering caused by poor care in the recovery period after an operation or failing to diagnose problems resulting from surgery.

Surgical Negligence Claim? Get In Touch With a Solicitor Right Away

You usually only have three years from the date of the surgery to make your claims for surgical negligence compensation.

The three years may also be calculated to run from the date on which the injury from the surgical negligence first became apparent – so even if your surgery took place more than three years ago you might still be entitled to claim compensation if you have only been aware for the injury for less than three years.

Whatever your circumstances, the best advice is always the same. If you think you might have a claim for surgical negligence, get in touch with a solicitor who specialises in medical claims without delay.

Proving a Claim for Surgical Negligence

In order to win your compensation claim, your solicitor will have to prove that the surgeon who carried out the procedure was irresponsible, negligent, or should have been able to do a much better job, given their level of experience and medical qualifications.

Your solicitor will do this by electing together and analysing both witness statements from people involved, and medical reports produced by experienced and independent specialist doctors. The person who has been the victim of medical negligence will first make a formal complaint in writing to the relevant Health Authority. This complaint will then be investigated and a report will be sent to the victim. The solicitor can then look at the report to see whether a claim is likely to succeed.

Why It’s Important to Make a Claim for Surgical Negligence

As well as ensuring that the victim receives the appropriate compensation for a traumatic event which could affect them for the rest of their lives, making a claim for compensation forces the medical professionals concerned to face up to their actions and improve their standards. This should help to guarantee that they are less likely to be able to harm patients in a similar way in the future.

Want To Claim for Surgical Negligence Compensation? Call Our Specialists Today

If you have been the victim of an error made by a surgeon, whether at an NHS or private hospital, you could be entitled to compensation. Our team of highly specialist medical negligence solicitors can help you, so:

• For FREE initial advice, call us on FREEPHONE 0800 1404544, or

• Complete the contact form below.

Comments or questions are welcome.

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