Surgical Negligence Solicitors

Having surgery can be a stressful and daunting time for a lot of individuals, which can be made worse if something goes wrong. The last thing you would expect from your surgeon is negligence.

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Surgical Negligence Claims

No win, no fee. There will be no financial risk to you – even if your claim is not successful.

Our surgical negligence specialists are here to help

We understand the devastating effects surgical errors can have on people and their families. Not only can health problems worsen, but on occasion surgical negligence can even result in premature death. Our surgery lawyers have experience helping victims of surgeon negligence and surgery malpractice.

What are the common types of surgical negligence?

Given the millions of operations that are carried out each year there are so many types of mistakes that can occur. However, some of the common types of mistakes are:

  • Wrong Operation: Performing the wrong type of operation.
  • Wrong-Site Surgery: Operating on the incorrect body part or limb is a serious form of negligence.
  • Foreign Objects Left Inside: Surgical instruments, swabs, or other materials can be inadvertently left inside a patient’s body after surgery, leading to complications and requiring further surgery.
  • Surgical Infections: Infections can result from poor hygiene during or after surgery, potentially leading to sepsis or other severe complications.
  • Anaesthesia Errors: Errors in administering anaesthesia, including incorrect dosage or type, can have serious consequences for the patient.
  • Nerve or Organ Damage: Surgical procedures can sometimes damage nerves or internal organs, especially if not performed with sufficient care or if complications are not recognised and addressed promptly.
  • Failure to Obtain Informed Consent: Patients must be fully informed about the risks, benefits, and alternatives to a surgical procedure before consenting to it. Failure to do so can be considered negligence, even if a consent form was signed.
  • Incorrect Incisions or Surgical Technique: Negligent surgical technique, such as making incorrect incisions or failing to properly close incisions, can lead to complications like excessive scarring or infection.
  • Post-operative Complications: Inadequate post-operative care, including failure to properly monitor vital signs, can contribute to complications like blood clots, pneumonia, or other infections.
  • Misdiagnosis or Delayed Diagnosis: While not always a surgical error, misdiagnosis or delayed diagnosis can lead to unnecessary surgery or delayed treatment, which may constitute negligence in some cases.

Victims of surgical negligence often face physical, emotional, and financial challenges. Understanding your legal rights is crucial in these situations. A surgical negligence lawyer can help navigate the complex legal process. They work to secure compensation for medical expenses, lost wages, and pain and suffering. If you or a loved one has experienced surgical negligence, getting early legal advice is important.

Surgical negligence refers to failures in surgery care that lead to patient harm. It arises when a surgeon or medical team falls short of accepted standards. These mistakes can be simple or complex.

Such errors can result in severe injuries or complications for patients. These may include infections, organ damage, or unnecessary pain. Patients entrust their lives to medical professionals, expecting competent care.

Legal definitions of surgical negligence focus on breaches of duty. Demonstrating this breach involves comparing actions to standard practices. Establishing negligence is crucial for successful compensation claims. Seeking expert legal advice can clarify your options.

What is surgical negligence?

Surgical Negligence occurs when a surgeon, doctor or other healthcare professional fails to meet the expected standard of care and caused harm or injury to the patient. To win your claim, you must show:

  • Breach of Duty: That you received treatment that fell below the standard required from a reasonably competent surgeon.
  • Causation: There was a direct link between the negligence and your injury.

Can I claim compensation for nerve damage after surgery?

If the nerve damage you’ve sustained was a direct result of negligence during your surgery, then you may be eligible to bring a surgery compensation claim. Sometimes during surgery, doctors will need to operate near to nerves in certain parts of the body, which can be damaged through negligence in this way. Your nerves can also be damaged in other ways, such as poorly-administered injections. 

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Karena's Story: Post-op wound burst open due to surgical negligence

Our client Karena, a mother-of-one, was forced to give up her hobbies overnight after a surgical incision following an operation to remove an ovarian cyst split open, due to not being properly stitched together. Find out more.

surgical negligence frequently asked questions

If you’ve chosen to have cosmetic surgery, the last thing you want is for your surgeon to act in a negligent way. Whether you’re having breast surgery or facial surgery concerning your eyes, brows or even ears, your surgeon and doctors have a duty of care regarding your health. 
Yes, if evidence proves the cause of your operation going wrong was indeed the negligence of your surgeon(s), you may be able to bring an operation gone wrong claim. In some cases, operations can go wrong through no fault of the surgeon, which is why it’s best to contact our legal professionals to get an understanding of your situation before bringing a surgery claim. 
In England and Wales you have 3 years from either the date of the surgical negligence to start Court Proceedings in relation to your claim or the date when you became aware that you had been injured as a result of the surgery. Therefore, you should seek legal advice as soon as you think you might have a claim.
Compensation for surgical negligence varies widely. Factors include the severity of harm and the impact on the injured person’s life. Evaluating these elements helps determine potential compensation amounts. General damages include pain and suffering. These address physical and emotional distress resulting from negligent surgery. Calculating these damages involves assessing the impact on daily activities. Special damages cover financial losses. This category includes medical bills and travel expenses for treatment. It also compensates for lost earnings if you are unable to work. In summary, potential compensation can cover:
  • Medical expenses
  • Loss of income
  • Pain and suffering
  • Travel expenses
Each case is unique, so consulting a knowledgeable surgery negligence solicitor is crucial. They can offer tailored advice to maximise potential compensation.
Yes, it may be possible to make a surgical negligence claim on behalf of someone who suffered a surgical negligence injury. You can put forward a claim on someone’s behalf in the unfortunate circumstances in which a loved one has lost their life due to surgical negligence or if the injured person does not have the mental capacity to put forward a claim themselves.
There are a number of factors that affect how long your claim will take. These make it difficult to give an exact timescale and are affected by:
  • How easily and quickly we can get hold of your medical records and expert evidence
  • Whether the Defendant admits liability
  • The nature and severity of your injury
It’s important to consider all these factors as our specialist medical negligence solicitors need evaluate the true impact of your injury when calculating your compensation for surgical errors.

Our approach to surgical negligence claims

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