If you’re suffering from an illness or injury that was caused due to surgery, the effects can be devastating. Slater and Gordon’s specialist legal experts can help get the compensation you deserve.
While surgical operations are relatively common among adults, it can be a stressful and nerve-wracking time for many. In the UK, we’re fortunate to have the skill and expertise of the NHS, which means that the vast majority of operations are carried out successfully, without any complications or issues. However, there are times when mistakes are made and things go wrong, which can leave you with additional problems or injuries.
Surgery negligence can have significant consequences on people’s lives, far beyond the physical pain caused. Injuries caused by medical negligence can have a profound effect on people’s quality of life, their mental wellbeing, and their financial stability.
No one should have to suffer the consequences of someone else’s negligence. Where surgery negligence has led to unnecessary pain and suffering, it is only right that you are compensated for the impact this has had on both you and your family.
What types of surgical negligence claims are there?
Surgery negligence can occur during any kind of surgery, whether this is carried out due to a medical condition or physical injury or for cosmetic reasons. Cases of negligence can arise when mistakes are made before, during or after a surgical operation, such as:
The risks of the surgery had not been properly explained, or the appropriate checks were not made to ensure suitability for surgery
The surgery was unnecessary, or there were significant delays in surgery, resulting in a worsening of the condition or injury in the meantime
An incorrect dose of anaesthetic was administered
Mistakes were made during the procedure which resulted in internal injuries
An incorrect procedure was carried out, or the operation was performed on the wrong part of the body
Foreign objects were left in the body after the procedure
Poor hygiene during the procedure, or poor aftercare, led to an infection
Can I claim surgical negligence compensation?
All healthcare professionals have a duty of care to their patients, and it is up to them to ensure that no one is ever put at risk unnecessarily. If anyone involved in your care before, during or after your operation made a mistake that directly caused or contributed to an injury or illness, you may be entitled to surgical negligence compensation.
Claims can be brought against the NHS or a private healthcare company. The process for doing so can be complex, and slightly different in each case, but it rests on your ability to be able to prove that your injury or illness was a direct result of the negligence you suffered. It is therefore important that you seek the advice of a specialist surgical negligence lawyer, who will be able to support you in building your case and reaching the best possible outcome.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
What evidence do I need to be able to make a surgical negligence claim?
To make a successful surgical negligence claim, you’ll need to be able to prove that there was a breach in the duty of care owed to you by the healthcare staff involved in your treatment, and that this breach directly caused, or significantly worsened, your injury or illness.
When you contact one of our specialist surgical negligence lawyers, they will discuss your case in detail, assessing the circumstances that led to your injuries and the impact they have had on your physical, mental and financial wellbeing. From there, they’ll be able to advise you on whether or not you have a claim and what the next steps will be.
This will typically involve collecting further evidence to support your claim, including medical records, witness statements, independent medical assessments and financial expenses. This may seem like a lot, but don’t worry, our team will be on hand to support you throughout the process.
How much could my surgical negligence claim be worth?
The impact that surgical negligence can have on a person’s life cannot be overstated; from physical injury to the negative consequences for your mental health and wellbeing, being the victim of surgical negligence can have wide-reaching implications for almost any aspect of your daily life.
No amount of compensation will be able to fix these issues outright. However, it should aim to help ease the burden where possible, such as financial assistance if you’ve had to take time out of work, or covering the cost of any treatment or rehabilitation you may require.
It can be difficult to determine exactly how much compensation you could be entitled to receive without first looking at your personal circumstances in detail. There are several factors to consider when determine the amount of compensation you are owed; primary among these is the severity of your injuries and the impact that they have on your daily life. Other factors will include areas such as future care, and any out of pocket expenses you’ve had as a result of your injuries (such as travel costs).
Why choose Slater and Gordon’s surgical negligence solicitors?
Experiencing surgical negligence can be an incredibly harrowing experience. You’ve suffered because of the negligent actions of a professional you trusted, and living with the consequences can have a huge impact on the daily lives of you and your family.
At Slater and Gordon, our surgical negligence lawyers have many years’ experience in handling these complex cases, working hard to ensure our clients not only achieve the best financial outcome, but that they are also able to access some of the best treatment and rehabilitation available, allowing them to focus on recovery knowing everything is in hand.
Our team are industry leaders and are consistently ranked highly in independent legal directories such as Chambers and Partners and the Legal 500. We’re also proud to count trained nurses and medical professionals among our number, providing us with expert knowledge in-house and helping to ensure our clients receive a top-quality service tailored to their needs.
Frequently asked questions about surgical negligence claims
How long do I have to make a claim for surgery negligence?
As with any personal injury claim, a claim for surgery negligence must be brought within three years of the date the negligence occurred, or the date you first became aware of the injury or illness caused by negligence.
There are some exceptions to this rule; for instance, if you are claiming on behalf of a child or someone who lacks the mental capacity to do so for themselves. It is therefore strongly advised that you reach out to an expert surgical negligence lawyer as soon as possible, as they will be able to advise you of any deadlines that are pertinent to your case.
Can I make a claim for surgery negligence abroad?
No matter where in the world your surgery took place, healthcare professionals have a responsibility to ensure your safety. This means that, regardless of where you were when the negligence took place, you could be entitled to compensation. At Slater and Gordon, we have a dedicated teams of specialist travel litigation lawyers who have many years’ experience in handling complex medical negligence cases abroad.
Every case of surgical negligence is different, which means it can be difficult to determine how long a case will take to settle. There are various factors that can influence how long the process will be, such as the severity of your injuries and whether or not the ‘other side’ accept liability.
Generally, the more complex the case, the longer it will take to settle. We strongly advise you discuss your individual circumstances with an experienced surgical negligence lawyer in the first instance, who will be able to offer more advice and guidance to ensure your claim is handled as quickly as possible.
Can I make a surgical negligence claim on behalf of a loved one?
There are certain circumstances in which you may be able to claim surgical negligence compensation on behalf of a loved one. For example, you may be able to do so if you are claiming for a child under the age of 18, or for someone who lacks the mental capacity to be able to bring a claim themselves.
For more information about claiming compensation on behalf of a loved one, visit our claims guide page here.
Can I make a No Win No Fee surgical negligence claim?
The majority of our surgical negligence claims are funded by a Conditional Fee Agreement, otherwise known as a No Win No Fee agreement. This means if you lose your case, you won't have to pay any fees and therefore, there’s no financial risk to you.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)