While all surgeons are required to meet high clinical standards, things do sometimes go wrong. When this occurs the patient should seek expert legal guidance on claiming compensation for surgical negligence.

What is surgical negligence?

Surgical negligence takes various different forms and may include:

  • The surgeon performing the operation on the incorrect body part.
  • The surgeon leaving medical instruments/equipment in the body.
  • Infection resulting from poor surgical hygiene.
  • Issues relating to consent, for example, where a surgeon fails to explain or inform you of all the potential risks associated with the surgery.
  • Issues relating to anaesthetic.
  • Nerve damage/injury to organs as a result of the surgery.

Claiming compensation for surgical negligence

If you are the victim of surgical negligence it can have an impact on your physical and mental health, while also having detrimental effects on your personal and working life. Compensation for surgical negligence is available to cover the costs of dealing with the effects of the negligent surgery, including:

  • Care and treatment.
  • Physical and mental therapy.
  • Additional surgery to repair any damage.
  • Travel expenses.
  • Loss of earnings.
  • Medical aids and home modifications.

In addition, you will also be entitled to receive compensation for your ‘pain and suffering’.

Time limits to be aware of

If you are claiming compensation for surgical negligence you will usually have three years to make the claim. This is calculated as running from either:

  • The date of the surgery.

Or

  • The date on which it is discovered that surgical negligence caused the injury.

There are a few exceptions in regard to the above time limits. For instance:

  • A claim can be brought on behalf of a child any time before they turn 18. Once the child has turned 18 they can make their own claim until they are 21.
  • Where someone lacks the mental capacity to bring a claim, there is no time limit in regard to making a claim on their behalf.

You should not delay in seeking expert legal advice from specialist solicitors.

How we can help you

If you have been the victim of surgical negligence then please call our free helpline on 0333 888 0412 or email brief details of your case to us in complete confidence at [email protected]. We will investigate your case free of charge and provide details of No Win, No Fee funding.

Claiming compensation for surgical negligence