£105,000 Compensation for Medical Negligence in Bowel Surgery

How We Helped

The Claimant called our Medical Negligence Solicitors and explained what had happened during a free consultation. We were able to take his case on under a Conditional Fee Agreement which is more commonly known as a No Win, No Fee agreement.

The case was dealt with by one of our Medical Negligence Solicitors, who instructed various medical experts to prepare reports assessing the standard of care provided, the extent of the Claimant’s injuries and what his condition would have been, but for the alleged negligent treatment.

On assessing the standard of the treatment provided, our surgical expert was of the opinion that the Surgeon  was responsible for the perforation, and this could have been avoided. He suggested that based on how quickly the perforation developed, too much heat may have been used when removing the polyps.

A psychiatric expert was instructed to prepare a report dealing with the psychological impact of the negligence and both the surgical and psychiatric expert confirmed that all the Claimant’s injuries would’ve been avoided, had the appropriate treatment been provided at the appropriate time.

Based on the opinions of our experts, we then prepared and served a Letter of Claim to the Defendant hospital, who denied liability in full.

The Outcome

The hospital continued to deny responsibility for the Claimant’s issues since his operation. However, after exchanging offers and negotiating with a view of reaching a settlement, the Claimant accepted an Offer in the sum of £105,000.

The compensation was awarded in respect of the emotional and financial impact of the negligence.

Explanation of Surgical Negligence and Error

Surgical negligence is when a medical professional who is responsible for your care fails to provide adequate care during your surgery. This can include errors that are made either before, during, or after the surgery procedure.

Surgical errors are any type of mistake that is made during the surgery that causes harm or injury to the patient. This can include errors such as leaving surgical tools behind inside the patient, operating on the wrong body part, or performing the wrong surgery.

It is possible to experience both surgical negligence and error during your stay.

Why Does Surgical Negligence Happen?

Surgical and medical negligence appears as a result of a variety of reasons. Of the reasons can include:

• Lack of training
• Miscommunication
• Not adhering to protocols
• Mistakes
• Not obtaining content from the patient
• Surgeon tiredness

Claiming Compensation for Your Injuries

If you have suffered from a surgical error which has left you with injuries that have impacted your life, you may be entitled to compensation. Here’s an overview of the claims process, so you know what to expect:

1. Claims Assessment – Contact us to arrange a free claims assessment where we will chat about your situation and what happened to you. We will tell you if we think you have a case and how strong it is.
2. Complaints – It’s important to make an official complaint to the NHS, if you haven’t done so already. We will advise you as to whether we think this is suitable for your case and provide support on following the complaint procedure and reviewing the outcome.
3. Evidence – Once we take on your case, we will ask an independent medical professional to review the treatment you have received and whether they consider your treatment to be negligent.
4. Interim Payment – Where possible, we always try and secure interim payments to help support you throughout the claiming process. This is ideal if you have immediate costs such as adapting your home or urgent financial needs.
5. Settlement – We will work towards reaching a settlement outside of Court where possible. We will recommend an amount that we think is fair. If the other party reject the offer or they don’t think they are liable for your injuries, it will go to Court. But most of these cases are settled outside of Court.

Why Choose Us as Your Solicitor

While surgical errors are rare, they have serious consequences for those it happens to. If you have suffered as a result of a surgical error, we can offer legal support.

Our specialist solicitors have extensive experience in this area and have successfully negotiated compensation for these types of cases. When you come to us, you know that you are in safe hands, and we will secure for you the compensation that you deserve.

Not only can we assist with a claim for compensation, but as we have large networks, we can also put you in touch with support services, rehabilitation, and financial advisors to help manage your compensation award. Here at Simpson Millar, we offer the full package.

Why not give us a call today to schedule your free no-obligation claims assessment? Ask us about our No Win, No Fee agreements.