Surgical procedures, whether routine or complex, always carry risks. However, when those risks are heightened due to medical negligence, it can lead to devastating consequences for the patient. Surgical errors can cause long-term injury, emotional trauma, and financial burdens. In such cases, victims can pursue surgical error compensation through surgical negligence claims to recover losses and seek justice.
PR Scully has been helping with surgical negligence compensation claims for many years, and recovering millions for our clients to help ease the pain and suffering caused. Our medical negligence team at PR Scully are ready to assist you, too!
Contact our law firm today by clicking here.
Understanding Surgical Negligence
Surgical negligence occurs when a surgeon or medical professional provides substandard medical treatment during a surgical procedure, causing avoidable harm. Surgical errors can result from a variety of factors, including but not limited to:
- Inadequate preparation
- Lack of attention
- Poor hygiene
- Use of defective surgical equipment
- Wrong site surgery
- The presence of foreign objects like surgical instruments left inside the body
These errors are serious and can cause further injury or long-term health complications, such as the need for corrective surgery, ongoing medical care, or the use of mobility aids. In some cases, unnecessary surgery—where a procedure was not required—may also constitute negligence.
Types of Surgical Negligence Claims
Victims of surgical negligence can pursue various types of surgical negligence claims depending on the nature of the error. Some common types include:
- Wrong Site Surgery: Performing surgery on the wrong organ or body part.
- Unnecessary Surgery: Conducting a procedure that was not medically required.
- Poor Hygiene: This leads to infections or sepsis due to unsanitary conditions.
- Foreign Objects: Leaving items such as sponges or surgical instruments inside the patient.
- Cosmetic Surgery Claims: Errors during elective cosmetic procedures that result in disfigurement or injury.
- Hernia Surgery: Mistakes made during hernia surgery that lead to complications or reoccurrence.
These errors can occur in both private hospitals and public healthcare settings. When such mistakes happen, victims have the right to make medical negligence claims for their suffering.
Call 0161 768 317 or request a callback through our website to see if you have grounds for a medical negligence claim.
Filing a Surgical Error Compensation Claim
To pursue surgical error compensation, victims must initiate a surgical error claim. As the claimant, we, as your legal team of expert lawyers, need to prove that your healthcare provider performed an inappropriate surgery, or made a surgical error through negligence. Such claims need to be filed within the time limit determined by law.
. Here’s an overview of how the surgical error compensation claim process typically works:
- Seek Expert Legal Help from PR Scully: It is important to work with expert medical negligence solicitors who specialise in surgical negligence cases. We can set up a free initial consultation and provide free legal advice for you. Plus, we can guide you through the complexities of surgical error claims and ensure you have the best chance of receiving fair compensation. More importantly, at PR Scully, we will help with every step until your compensation claims are finalised.
- Gather Evidence: Crucial evidence is vital to the success of your surgical negligence compensation claim. This includes obtaining medical records, and expert opinions, and documenting the extent of the injuries and their impact on your quality of life.
- Establish Liability: To succeed in a surgery claim, it must be proven that the surgeon or other medical professionals acted negligently. This may include showing that safety guidelines or guidance and safety recommendations were ignored, leading to injury.
- Submit the Claim: After gathering evidence and determining liability, your solicitor will submit the surgical error compensation claim to the responsible party, which could be a surgeon, hospital, or hospital trust. Negotiations may follow to reach a fair settlement.
- Receive Compensation: The amount of compensation for surgical errors awarded will depend on the severity of the injury, the financial losses incurred, and other factors. Compensation may cover medical expenses, loss of income, rehabilitation, and compensation for unnecessary pain and suffering.
How Much Compensation Can You Expect?
One of the most common questions is, how much compensation can be expected from a surgical negligence claim? The answer depends on the following:
- Medical expenses: The costs of ongoing medical care, rehabilitation, or corrective surgery.
- Financial losses: Compensation for loss of income due to time off work or reduced earning capacity.
- Pain and suffering: Compensation for the physical and emotional trauma caused by the surgical error.
- Mobility aids and adaptations: If the injury requires mobility aids or home adaptations.
- Ongoing care needs: For cases where long-term care is necessary due to the surgical error.
Every surgical negligence compensation claim is unique, and the amount awarded can vary depending on the circumstances of the case.
No Win No Fee Surgical Negligence Claims
Many surgical negligence solicitors operate on a no win no fee basis, meaning you won’t have to pay any legal fees unless your claim is successful. This arrangement helps reduce the financial risk for claimants, allowing them to pursue compensation without the burden of upfront costs. If the claim is successful, a percentage of the compensation will cover the solicitor’s fees, as agreed in the fee arrangement.
Time Limits for Filing Surgical Error Claims
Generally, claims must be filed within three years from the date of the surgery or from the date the injury was discovered. However, there are exceptions to this rule, such as cases involving children or individuals with reduced mental capacity.
For more information regarding time limits and surgery compensation claims, call 0161 768 317 today.
Surgical error compensation exists to help victims of surgical negligence receive the justice and financial support they deserve. Whether you have suffered from negligent surgery, experienced errors during a cosmetic procedure, or had a wrong body part operated on, expert legal help can make all the difference. With a specialist team of medical negligence solicitors, you can pursue a surgery negligence claim to secure the compensation needed to recover from your injury and move forward with your life.
P R Scully & Co Solicitors Limited
166 Chaddock Lane,
Worsley,
Manchester,
M28 1DF
0161 768 3175