Surgical Negligence Claims
A vast majority of surgeries performed are successful and at best unproblematic. Nevertheless, when a surgical procedure goes wrong due to avoidable surgical errors or surgical negligence, the effects can have an unplanned-for and life altering impact, both physically and psychologically. While there is always an element of risk with any surgical procedure, with surgical mistakes, you may be entitled to surgical errors medical negligence compensation.
What is Surgical Negligence?
Surgical negligence can be defined as a situation whereby the surgeon or the medical practitioner makes surgical mistakes during the operation leaving the patient with further problems or injuries.
Surgery and care should meet a certain clinical standard. Surgical negligence can come in various ways including the wrong operation performed, foreign objects being left in the body, or the wrong dosage of anesthetic being given.
There are risks inherent in most surgical procedures, but negligence of the surgeon or hospital that results in medical complications, infection or injury to the patient, can lead to pursuing compensation claims.
Surgical Negligence Claim
If you or a loved one has been harmed due to surgical errors, you may find yourself facing expensive medical bills, unable to work and living with a lot of pain as well as issues affecting other aspect of your life and wellbeing. In such situation claiming compensation for surgical errors is often the only way to get the kind of support you need to get your life back on track.
Seeking legal advice can be a little daunting, but every claim is important irrespective of its size. Our team of surgical negligence claims solicitors are available to provide you with legal advice in plain English as well as sensitive personal support at what we know can be a very difficult time.
At nhsnegligenceclaim.com, we have successfully claimed compensation for surgical errors for a wide range of clients over the years.
Surgical Negligence Compensation Claims
Contact our team today for free initial consultation. As specialist in this field, one of our surgical negligence solicitors will listen to your claim and assess your case with compassion. They will then advice on whether you have a case and are eligible for a surgical negligence compensation claim. If you are, they will talk you through the best next steps to start your claim.
What is the process of surgical negligence claims?
The process of surgical negligence claims usually starts at gathering evidence. These evidences include:
- Medical records
- Witness statements
- Independent medical expert reports
- Financial documents
- Medical documents showing consent
When starting a surgical negligence claims process, it is necessary to understand you have a limited time frame in which you must make a formal claim. In most cases, patients or their loved ones can bring a case for surgical error claims within three years of the incident taking place or from when the injury of a failed or wrong surgery was recognised.
At nhsnegligenceclaim.com, we will help you if you are not sure of the timing of the situation, you should call us and we can confirm. No matter who is starting the claim, whether you or the next of kin of a patient who has died or cannot start a claim themselves because of incapacity, it is in your best interest to contact one of our legal guardians as soon as possible.
All through the surgical negligence compensation claims process, you will be asked to recount your experience numerous times so that a clear account of what took place can be documented and verified. The compensation claim process for surgical negligence takes certain legal expertise to get you the compensation you deserve, and we work with you and your loved ones on a no win, no fee basis to ensure that happens in a timely fashion.
No Win No Fee Surgical Negligence Compensation Claims
If you have suffered surgical negligence, you have the legal right to pursue financial compensation for surgical errors. A No Win No Fee takes the financial risk for people to make surgical negligence claims.
At nhsnegligenceclaim.com, our medical negligence experts operate on a No Win No Fee basis. Under the no win no fee agreement you will have no legal fee to pay if your claim is not successful.
Prior to starting a claim, you will be made to understand the terms of agreement with your solicitor on a success fee (this fee is typically up to 25% of your compensation settlement). If the claim is ultimately unsuccessful, you will not have to pay the solicitors success fee or any other legal fee.
The Impact of Surgical Errors
When surgeon or medical professionals commit surgical errors, patients may suffer from severe consequences. Mistakes in the operating room can result in permanent and temporary injuries and in some cases death.
If you are a victim of surgical errors, you need to consult a medical negligence solicitor, to ensure your rights to fair and proper compensation are protected.
Examples of surgical errors and compensation claims
There are various types of surgical errors or surgical mistakes, but here are the most common types;
- Anaesthesia errors
- Failures in post-operative care
- Leaving instruments in patients
- Unnecessary surgery
Patients could also suffer serious injuries such as organ damage, nerve injuries, paralysis, brain damage from lack of oxygen, chronic pain, amputation, internal bleeding. These injuries could lead to temporary or permanent disability or even wrongful death.
A good example of a common surgical error claim is the instances of keyhole surgery where surgical implements have been left inside patients. This can cause pain, discomfort and put the patient’s health at greater risks.
To recover adequate compensation for medical bills, pain and suffering, and loss of wages, you would require a surgical negligence lawyer who understands the complexities of surgical mistake cases.
When we determine who is liable for your injury, we work diligently to hold the negligent parties accountable.
Unnecessary Surgery Compensation
A surgical error is a general term used to describe any mistake that is made during a surgical procedure. Given its broad scope, the term may apply to a number of different situations, such as when a doctor does not receive informed consent from a patient prior to an operation or fails to provide patient sufficient information about the risks and consequences associated with the procedure.
Unnecessary surgery, on the other hand is a type of surgical error. Thus while an unnecessary surgery is a kind of surgical error, a surgical error is not necessarily caused by unnecessary surgery. Doctors, surgeons, nurses, and other medical personnel may face legal consequences if they are successfully sued for injuries relating to an unnecessary surgical procedure. Successful claimants will be able to recover damages from respondents.
Some unnecessary surgery compensation that may be available incudes, economic damages, non-economic damages, punitive damages awards amongst others. If an unnecessary surgery causes a patient’s death, the family of the deceased patient may be able to bring a wrongful death lawsuit against the negligent doctor or heath professional and could potentially recover monetary damages. Also if the family member suing is the deceased patient’s spouse, they may be awarded damages for loss of consortium.
A few issues can arise due to patient’s consent. This can often lead to surgical mistake claims when surgery occurs without consent. If the patient experiences pain and further injuries that were avoidable should the surgery not have happened, it can be strong grounds for bringing a claim. There is a case law that explains what the surgeon must explain to the patient so that the consent is valid.
Claims around consent tend to arise when surgical procedures are carried out without consent from the patient.
Claiming Compensation for Surgical Errors
Surgical errors can cause many difficulties in life. This can include physical and mental health and wellbeing, issues in personal, family and working life and even relationships with others. Compensation aims at covering both the physical and mental rehabilitation after the incident. It can be used to cover the cost of a number of different things, resulting from the surgery gone wrong. They include; on-going care and treatment, rehabilitation therapy, additional surgery supportive equipment, travel and hospital parking, loss of earnings as well as changes to your home.
The compensation amount you may receive varies depending on the number of different factors. The severity of your injury and the impact your injury has on other aspects of your life are the two major ones. In addition, the lawyer will also investigate other factors when looking into your case, including; degree of surgeon’s skill during the procedure, preplanning ahead of the surgery and post- operative care.
Cauda Equina Misdiagnosis
Cauda Equina syndrome is a medical emergency that can cause severe and permanent injuries if not quickly and properly diagnosed. Because surgery is needed to prevent further injuries, it is vital to get timely diagnosis and treatment. But not all medical professionals have experience with cauda equina resulting in medical negligence cauda equina syndrome.
Most causes of injuries are by cauda equina misdiagnosis or failure to diagnose in a timely manner. For a condition that can cause such severe injuries, one has to wonder how it could be so often misdiagnosed. When symptoms of cauda equina syndrome first show up, they often begin as severe back pain or bladder issues.
If the doctor does not suspect that you might have cauda equine syndrome, tests may not be done right away. If tests are delayed, then diagnosis and treatment are also put off, which means permanent injuries may result. It is vital that CES be diagnosed and surgery performed as soon as possible. An MRI scan can show the condition and alert doctors to the need for immediate treatment.
Cauda Equina syndrome claim Solicitors
Cauda Equina syndrome is a serious condition that results in permanent paralysis if not treated promptly and correctly. It is a rare condition that occurs when nerves in the lower spine become compressed and start to swell. As it is a rare condition, it can be difficult to spot. Surgery is needed to treat the condition as soon as possible; otherwise the consequences could be as severe as permanent paralysis.
Cauda equina syndrome can be very devastating as it affects the quality of life. It may lead to series of problems like bowel and sexual dysfunction as well as permanent loss of bladder, and the resulting neurological pain that cause patients their relationships. If you have suffered a late or inaccurate diagnosis for it, you may be entitled to make a compensation claim. Our Cauda Equina solicitors can help you secure the compensation you deserve. A successful claim can help you in many ways. Not only does it bring a sense of justice for what has happened, but it can help you pay for any specialist care that you may require afterwards.
Our Legal Expertise
Our surgical negligence solicitors have many years of experience and are experts at getting to the undeniable truth. We deal with cases in numerous fields and our goal is to help you move on, long term and as fully as possible. A lot of clients are usually concerned about cost. We will investigate your case thoroughly before advising you whether or not to proceed and in most situations can offer you no win fee’ terms. Our specialist team have worked across an array of complex and sensitive cases, acting with compassion to secure clients the compensation they deserve after suffering surgical negligence. Contact us today and start your claim for compensation.
Q: What is the most common type of surgical error?
There are different surgical errors that may result from surgeon negligence. However, some are seen to be more common than others. Below are some of the most common surgical mistakes you can make a claim for;
- Anaesthesia errors
- Failures in post-operative care
- Leaving instruments in patients
- Unnecessary surgery
Q: How much can I claim for surgical mistakes?
Compensation amounts for surgical negligence ultimately depends on the severity of the damage caused by the error. At nhsnegligenceclaim.com, we will help you determine the range of compensation amounts you may receive. Our surgical negligence solicitors will use a medical negligence calculator to give you a realistic estimated value of your claim.
Q: Can you sue for failed back surgery?
Back surgery refers to an operation intended to change a patient’s anatomy, such as removing a herniate disc or straightening their spine. The aim of a back surgery is to relieve the pain a patient experiences in their back because of the birth defect or injury. Back surgery is usually considered after a patient continues to experience pain after several months of undergoing non-surgical treatment options.
A back surgeon would be needed to perform back surgery. They have been trained to perform back surgery safely and effectively.
There are numerous risks associated with back surgery, some of these risks includes; reoccurring pain, bleeding, reaction to drugs given during surgery such as anaesthesia, infection, blood clot, stoke, heart attack, nerve damage, recurrent herniated disks, to name a few.
A failed surgery is one in which a surgical mistake is made during surgery, that could have been prevented. There are many parties that may be held liable for a back surgery gone badly. The back surgeon could be held liable, as well as medical professionals who assisted with the surgery. The anaesthesiologist may also be held liable and in some cases, as injured party may also sue the hospital itself. Ultimately, a failed back surgery lawyer is essential for lawsuits against surgeons and other parties responsible for failed back surgery. This is because such a solicitor will likely understand what is needed to successfully sue a surgeon, as well as how to receive the optimal compensation.
Q: What’s the average settlement for back surgery injury?
Successful back surgical mistake cases will be supported by strong evidence. One of the most important pieces of evidence will be the patient’s medical records. The record will likely show their negligence, as well as any diagnosis or treatment received. Other evidence could include documentation of the doctor patient relationship, such as paperwork in your medical record showing that they diagnosed or treated you. In order to show that the doctor was negligent, you will need expert testimony that the treatment fell below standard of care. Typically compensation for back injury claim includes the injured includes a person’s economic and non-economic losses. Economic damages include past and future medical bill, loss of wages or diminished earning capacity. While the non- economic damages include pain and suffering, emotional distress, and loss of consortium.