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Have you suffered harm as a result of a surgeon’s substandard care? Our guide explains everything you need to know about making a negligent surgery compensation claim.
Key Takeaways
- Surgical negligence occurs when a surgeon breaches their duty of care
- You could potentially claim compensation if you can prove that negligence occurred
- You could make a claim on behalf of someone else as a litigation friend
- The compensation you could receive can depend on things like evidence and the severity of the harm you underwent
- A No Win No Fee solicitor could potentially help you pursue surgery compensation
If you’d prefer to talk to one of our friendly advisors, you can get in touch today by:
- Calling us on 0161 509 2856
- Using the live chat feature
- Contacting us online
Jump to a Section
- What Is Surgical Negligence?
- Examples Of Surgical Errors
- How Do I Make A Surgical Negligence Claim?
- Can I Claim For Surgical Errors On Behalf Of Another Person?
- What Happens Once My Claim Is Submitted?
- What Is The Average Compensation For Surgeries Gone Wrong?
- How Our Solicitors Can Assist With Your Surgical Negligence Claim
- More Information
What Is Surgical Negligence?
Surgical negligence is a kind of medical negligence, and this occurs when:
- A surgeon or someone else in the operating room owes you a duty of care
- They breach this duty of care
- This breach causes you harm
First, let’s talk about what a duty of care is. All medical professionals owe a duty of care to their patients, from surgeons to nurses.
To fulfil this duty of care, they are expected to provide care that meets a certain standard, and avoid causing unnecessary harm to their patients. For example, the steps that surgeons are expected to take to meet this standard are set out by the Royal College of Surgeons.
However, breaching this duty of care alone isn’t enough to form the basis of a valid claim. You also need to fulfil the criteria of negligence by proving that the breach caused you harm. We’ll discuss some examples of what this could look like later on in the guide.
Can I Claim Against The NHS For Surgical Negligence?
No matter whether you receive care from the NHS or a private healthcare provider, the care you receive must not fall below the minimum standard. The duty of care owed to you does not change between NHS and private services.
If you believe that you have been harmed as a result of NHS surgical negligence, contact our team of advisors today.
Examples Of Surgical Errors
So, what can surgical negligence look like? Some examples of surgical errors that could lead to a compensation claim include:
- Wrong site surgery: For example, this could occur if you were scheduled to have your right foot amputated, but your surgeon amputated your left foot instead. In this case, you could claim compensation.
- Poor hygiene: Hospitals and clinics have stringent hygiene policies to prevent the spread of hospital-acquired infections. If your surgeon did not properly comply with hygiene policies, and this caused you to develop an infection, then you could potentially make a claim.
- Foreign bodies: In some cases, surgical objects like gauze, sponges, or even clamps can be left inside a patient. This can lead to serious infections like sepsis, and may require additional surgeries to fix.
Please note that these are only a few examples of surgical errors that could lead to a valid compensation claim. If you’d like to discuss your surgical compensation claim in more detail, contact our team of advisors today.
How Do I Make A Surgical Negligence Claim?
Before starting any kind of compensation claim, we recommend talking to a legal professional. Our team of advisors are on hand to answer any questions you might have about how to claim, and how a solicitor from Advice could help you.
What Proof Is Needed To Claim Compensation?
A crucial part of how to claim for surgery compensation is gathering evidence to prove that medical negligence occurred. Some examples of evidence that you could use include:
- Medical records
- Photographs of visible harm, like infected stitches
- Witness details from those who saw the harm you underwent
- A symptoms diary that tracks how your symptoms have worsened as a result of the negligence
If you choose to make a claim with the help of a medical negligence solicitor, they can help you pursue other avenues of evidence to support and strengthen your claim. Contact our team today to learn more.
Can I Claim If The Surgery Happened Abroad?
More and more people are choosing to get their surgeries at clinics abroad instead of through the NHS or a private clinic in the UK. If you’ve suffered surgical negligence while abroad, contact our team of advisors to find out if you could be entitled to compensation.
Can I Claim For Surgical Errors On Behalf Of Another Person?
You might be wondering if you can make a surgical compensation claim for someone else. For example, those unable to claim for themselves include:
- Minors under the age of eighteen
- People who lack the mental capacity to make their own claim
In these cases, you could potentially make a claim on someone else’s behalf by acting as their litigation friend. If you apply to be a litigation friend and are approved by the court, then it will be your responsibility to act in the best interests of the claimant.
What Is The Time Limit For Surgical Negligence Claims?
There is a time limit in place for all medical negligence claims, and this includes surgical error claims. As per the Limitation Act 1980, you will usually have three years to start a compensation claim. You don’t need to conclude your claim within this time, you only need to start proceedings.
To learn about the exceptions to this time limit, or to find out if you can still claim, contact our team of advisors today.
What Happens Once My Claim Is Submitted?
A lot of people ask us what happens once a claim is submitted, and how long it can take for a claim to resolve. This question can be hard to answer, because all claims are unique, so the amount of time it takes to resolve can depend on your individual circumstances.
Some examples of factors that could affect how long your claim could take include:
- How much evidence you have
- Whether the other party accepts liability
- How severely you were harmed by the surgery
- Whether or not your claim goes to court
One of the benefits of making your claim with the help of a solicitor is that they can go into much more detail on how long your claim could take based on your case. To find out if a solicitor from Advice could help you, contact our team of advisors today.
What Is The Average Compensation For Surgeries Gone Wrong?
So, what is the average compensation for surgery gone wrong? Again, the answer depends on the unique circumstances surrounding your claim. Because of this, we can’t give you an average payout; however, we can provide more information about what your compensation could include.
There are two potential kinds of compensation that can form your final payout; the first is called general damages. Under this heading, you can claim for the pain and suffering you went through as a result of surgical negligence, but you can also claim for loss of amenity. This essentially means the effect that the negligence has had on your quality of life.
When this heading is calculated, the Judicial College Guidelines (JCG) can be used to help. The JCG can be useful because it includes guideline compensation brackets for a number of different injuries and illnesses. The list below contains some of these guidelines, but please note that these aren’t guaranteed amounts, and the first entry is not from the JCG.
Judicial College Compensation Brackets
- Multiple severe instances of harm caused by surgical negligence alongside monetary losses like lost earnings and the cost of future medical treatments – Up to £1,000,000+
- Very severe brain damage that necessitates round-the-clock care – £344,150 to £493,000
- Less severe brain damage that results in a good recovery – £18,700 to £52,550
- Surgical amputation of one hand – £117,360 to £133,810
- Severe PTSD that prevents the claimant from working – £73,050 to £122,850
- Male reproductive injuries resulting in impotence or sexual dysfunction – £52,490 to £108,310
- Female reproductive injuries resulting in infertility in a young person – £68,440 to £87,070
- Loss of one kidney with no damage to the other – £37,550 to £54,760
- Moderate pelvis and hip injuries where any permanent disability isn’t major – £32,450 to £47,810
How Can Special Damages Help You?
The second head of claim that you could pursue is called special damages. Not everyone is eligible for this heading because it covers the financial losses caused by medical negligence. For example, you may lose earnings while you recover from the harm you received, and these could be reclaimed under special damages.
This heading can also help you recoup the cost of:
- Childcare
- Prosthetics
- Mobility aids
- Future medical expenses
- Travel to and from appointments
- Home adjustments
Keeping receipts, invoices, and bank statements that prove your losses can be helpful when pursuing special damages.
Contact our team of advisors today for more information on negligence surgery compensation, or keep reading to find out how our solicitors could help you.
How Our Solicitors Can Assist With Your Surgical Negligence Claim
As we’ve already mentioned, we always recommend seeking legal advice before starting your claim. This is because the medical negligence claims process can seem complex and daunting, especially to those who don’t already have legal experience or knowledge.
Our solicitors are experts in medical negligence law, and have years of experience in securing compensation payouts for their clients. If you choose to make your surgery compensation claim with them, they could help you:
- Negotiate a settlement
- Communicate with the defendant
- Gather evidence
- Understand complex legal jargon
- Present your claim at court if necessary
With our No Win No Fee medical negligence solicitors, you can access all of these services without paying for them:
- Upfront
- As the claim continues
- At all, if your claim fails
This is because our solicitors work under the terms of a Conditional Fee Agreement (CFA). Under a CFA, you only need to pay a success fee if your solicitor helps you make a successful claim. This is taken as a small percentage of your compensation, though the percentage your solicitor can take is capped by law.
Contact Us
If you’d like more information on how a solicitor from Advice could help you, our team of advisors are here to help. Get in touch today to get started by:
- Calling us on 0161 509 2856
- Using the live chat feature
- Contacting us online
More Information
For more helpful information on medical negligence claims:
- Find out when you could claim for a pharmacy giving you the wrong medication
- Learn how to claim for a missed wrist fracture
- Get advice on claiming for misdiagnosed brain cancer
Or, to find more resources:
- Make a complaint to the Care Quality Commission (CQC)
- Find a doctor on the General Medical Counsel’s register
- Learn about surgery from the NHS
Thank you for reading our guide to surgery compensation claims.
