Any surgery involves putting your trust in the medical professionals who deal with you. If those professionals make a mistake it can be devastating.
If you think you’ve been the victim of surgical negligence then you may be able to claim compensation for everything you’ve been put through. Contact our expert surgical negligence team and we’ll explain how the process works.
No Win No Fee Surgical Claims Explained
We work on a no win no fee basis so that you can start you claim without having to pay anything up-front, and with zero risk of facing costs if the claim is unsuccessful.
At the start of the process we’ll take out insurance on your behalf to cover potential costs such as legal fees, court fees and the cost of medical reports. If your claim is successful we’ll take a ‘success fee’ , but it will never be more than 25% of the compensation, and you may have to pay a contribution towards the insurance policy premium, leaving you with the rest.
What is a surgical negligence claim?
A surgical negligence claim is a claim for compensation following surgery. If you think that the surgeon or healthcare practitioner who dealt with you provided negligent or substandard care then you may be able to claim compensation.
It doesn’t matter whether the negligent care happened during or after your surgery. If it caused injury or illness, or made an existing condition worse, then you could be entitled to compensation.
Compensation won’t make up for the way in which you’ve been let own by medical practitioners you trusted, but it will provide recognition of the negligence you’ve suffered, as well as reimbursing the immediate and on-going financial impact.
The types of surgical negligence you can claim compensation for
Surgical negligence claims come in many different forms. The types of negligence which could be claimed for include the following:
- The wrong type of surgery was performed
- Surgery was carried out when it didn’t have to be
- Surgery was carried out on the wrong part of the body
- Errors during surgery damaged nerves, blood vessels or organs
- A foreign object was left in the body
- Poor hygiene standards contributed to a post-surgery infection
- Blood given during surgery was contaminated
- Surgery left avoidable and excessive scarring
- The wrong amount of anaesthetic was administered during surgery
- The patient wasn’t fully informed of the risks involved in surgery
When you can make a surgical negligence claim
All healthcare professionals have a legal duty of care to their patients. If they failed to meet this duty of care during or after surgery and you suffered illness or injury or had an existing condition made worse by their failure then you may be able to make a negligence claim.
You’ll need to prove this negligence to make a successful compensation claim. In most cases there is a time limit of three years from the date of the surgery taking place during which you can claim for negligence.
It doesn’t matter whether the surgery in question was delivered by NHS professionals or private healthcare practitioners – the legal position is exactly the same. The team at Truth Legal have an impressive track record of claiming compensation for the victims of surgical negligence.
We know what it takes to prove negligence, and exactly how much compensation you should be receiving. We always work to settle claims fairly and as quickly as possible, using mediation techniques and a commitment to alternative dispute resolution to settle out of court and minimise the stress faced by our clients.
The compensation you can claim for surgical negligence
The amount of compensation you receive for surgical negligence could range from a few thousand pounds for a minor injury up to over a million for more complex cases. The exact amount will depend upon issues such as the type of injury suffered and how severe it is.
Compensation will also be calculated on the basis of factors such as lost earnings and expenses directly related to an injury caused by surgical negligence. Surgical negligence compensation is divided into general damages and special damages:
- General damages – these are intended to reflect the pain and suffering you’ve experienced, as well as any loss of amenity. ‘Loss of amenity’ covers the impact on your day to day ability to take part in social, working and family life.
- Special damages – these are intended to cover any expenses directly related to your injury or illness. The amount should mean that your financial position is the same as if the surgical negligence had never happened.
The more severe cases of surgical negligence are those which leave patients needing long term care and medical treatment, the use of specialist aids and adaptations to their home. In cases such as this the special damages awarded could be a significant sum of money.
The expenses included in a claim for special damages would include the following:
- Income or pension lost because of your illness or injury
- The cost of medical treatment now and in the future
- The cost of adaptations that have to be made to your home or vehicle
- The cost of any care required, including a calculation of the cost of care provided by friends and family
- Travel costs such as those for attending medical appointments
How do I start a surgical negligence claim?
The more information you can provide when starting a surgical negligence claim, the better, but we understand that collecting evidence is probably the last thing on your mind at such a traumatic time. Our expert solicitors will get to work collecting all of the information needed, which could include:
- A detailed statement from you detailing your interactions with the relevant medical professionals, the care and attention you received throughout the process and the impact that the negligent surgery in question has had on your life
- A comprehensive collection of your medical records, documenting relevant details such as appointments, treatments, scans, x-rays and test results
We will also arrange independent medical evaluations to supplement any existing information and create the clearest possible picture of the surgical negligence and its impact on your life. We know from experience that the more detailed this picture is, the more likely you are to receive the compensation you deserve.
The proof & evidence needed for a surgical negligence claim
To make a successful surgical negligence claim you need to prove two things:
- The medical professionals in question failed to meet a reasonably expected duty of care
- This failure caused an injury or illness, or made an existing condition worse
When we take on a surgical negligence claim we use our expertise to build the strongest possible case around the following factors:
- Care – did the care you received fail to meet an accepted reasonable level?
- Causation – can we show that the actions of the medical professionals involved led to your injury or illness?
- Impact – can we demonstrate the impact that the surgical negligence has had, and will continue to have, on your life?
The length of time a surgical negligence claim takes
Surgical negligence claims can be more complex than other personal injury claims, and this means that they can take more than 12-24 months to complete. The precise timescale will vary depending upon the individual circumstances, and if the other party admits liability it may be possible to settle more quickly.
We’ll always work to get the compensation you’re entitled to as quickly as possible, using negotiation and dispute resolution to avoid going to court whenever we can. Throughout the process we’ll use our expertise to estimate the likely timeframe and keep you fully informed.
The time limit for making a surgical negligence claim
There is a time limit of three years for making a surgical negligence compensation claim. The three years runs from the date of the surgery, or the date on which you realised that negligence during surgery had caused injury or illness.
Exceptions to this time limit include the following:
- If you are unable to start your claim during the three years due to limited mental capacity, such as might occur following a brain injury
- If you are under 18 at the time of the surgery – in which case the three years runs from your 18th to your 21st birthday
- If a person dies within 3 years of surgical negligence their estate has 3 years from the date of death in which to bring a claim
Although the three year limit applies to all personal injury claims, we would always advise starting the claims process as soon as possible, while the events in question are still fresh in your memory.
Making a claim for surgical negligence on behalf of someone else
You can claim for surgical negligence compensation on behalf of someone else. Examples of this happening could include:
- Claiming on behalf of a child if the surgical negligence happened when they were under 18. If this happens a legal guardian or parent can act as a ‘litigation friend’ and pursue compensation.
- A legally designated person can make a claim for surgical negligence on behalf of an individual who has diminished mental capacity and is unable to claim on their own behalf
- Making a claim on behalf of the estate of a person who had died.
Why choose Truth Legal to handle your surgical negligence claim?
You should choose the team at Truth legal to handle your surgical negligence claim because we have a clear track record of success. Over the years we’ve won tens of thousands of pounds for clients left traumatised and suffering following negligent treatment.
We also have a keen understanding of just how distressing the betrayal of trust involved in surgical negligence cases can be. We offer support and empathy to our clients as well as legal expertise because we know how daunting the prospect of taking legal action can seem.
Working on a no win no fee basis, we’ll guide you through the legal processes of a compensation claim one step at a time, communicating clearly in jargon-free language and ensuring you remain fully-informed throughout the process. Compensation is about more than just cash, it’s about having your poor treatment acknowledged, and we’ll do everything we can to make sure that happens.
We know how to handle even the most complex surgical negligence cases, bringing together the evidence needed to prove negligence and making sure that the compensation is sufficient to help with what could be the lifelong impact of that negligence.
If you think you could claim surgical negligence compensation then please contact us today to explain exactly what happened to you, and we’ll explain how we can help.
Surgical Error Claim FAQs
Will I need to have a medical examination as part of my claim?
Yes, you will need a medical examination as part of your surgical negligence claim. The expert opinion of an independent medic will help us to put together the clearest possible picture of the impact the surgical negligence has had on you.
Will making a claim affect my on-going care?
No, making a surgical negligence claim will not impact on your on-going care. Any medic refusing or modifying treatment on the basis of a legal claim or complaint would be breaking the law.
If you would feel more comfortable receiving treatment from another body or individual, however, then you are free to request to do so.
Can I make a complaint about my surgery while also making a compensation claim?
Yes, you can make an official complaint on the basis of surgical negligence at the same time as claiming compensation. The fact that you have registered a complaint via an official body such as Patient Advice and Liaison Service (PALS) or the Health Service Ombudsman would then become part of your compensation claim.
Can I claim for surgical negligence if I was treated through private healthcare?
Yes, you can make a claim for surgical negligence if the surgery was provided by a private healthcare professional. Private providers have the same legal obligation to provide a reasonable duty of care as their NHS counterparts.
Can I receive interim payments while my surgical negligence claim is being settled?
You can receive interim payments if the other party in your claim has admitted liability. The complex nature of some surgical negligence cases means that it may take some time to agree a compensation amount even after liability is admitted.
If this happens, we will apply for interim payments on your behalf to help with things like care costs and medical bills, and remove some of the stress from your situation. Any interim payments which are made will be deducted from the final compensation amount.
Recent success story
Why claim with Truth Legal?
It is important to instruct specialist clinical negligence solicitors to act on your behalf when claiming for a surgical error.
This is because, if responsibility for your injuries is disputed (for example, using arguments that the surgeon’s conduct was not negligent and/or it did not cause your harm) it will often require special expertise to establish your claim.
At Truth Legal, we offer:
- Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
- Practical advice – tailored to your situation.
- Strong representation – fighting for the compensation and outcome you deserve.
- Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.
Contact us today to start your claim.
