Medical Negligence Compensation for Surgical Errors Explained

Roisin Hulme, Solicitor
Author:
Roisin Hulme
Medical Negligence Solicitor
Date:
01/07/2020

Medical mistakes can and do occasionally happen, resulting in life-changing injuries for patients. For example, a surgeon may fail to remove surgical instruments, sponges, swabs or gauzes, which can have lasting consequences on a patient.

Our Medical Negligence Solicitors have helped many clients affected by this type of negligence, known as a Never Event, to get compensation. The NHS defines Never Events as “serious, largely preventable patient safety incidents that should not occur if the available preventative measures have been implemented”.

In other words, this is an incident that should never occur as measures are in place to avoid it. If you’ve been affected in this way, you may be able to claim compensation. See case study: £17,000 Compensation for Swab Left inside Body after Surgery

For free legal advice contact our Medical Negligence Solicitors. We may be able to deal with your case on a No Win, No Fee basis – ask us for details.

Call us on 08002605010 or request a callback and we will help you.

What to do if a Surgeon Makes a Mistake

If you suffer an injury because of a surgical Never Event, then you may be able to claim medical negligence compensation. These claims are usually indefensible, so they often have good prospects of reaching a compensation settlement without a lengthy Court process.

The NHS have a duty of candour to their patients, which means they have to be open and honest when medical negligence occurs if it appears to have caused harm or could lead to significant harm in the future. As such, if a Never Event is identified then this would usually trigger an NHS investigation.

If an investigation has identified a Never Event, then our Clinical and Medical Negligence Solicitors can help you by submitting a claim to the NHS Trust involved. We can also advise you on recovering a suitable amount of compensation for the injuries and losses you’ve sustained.

If an NHS investigation hasn’t been undertaken, we may still be able to help you with investigating your allegations, and if proven by expert medical evidence, submitting these to the NHS Trust involved and making a claim for compensation.

There can be many possible reasons why a mistake has been made during a surgical procedure. This could include:

  • Human error
  • Poor communication
  • Not following national guidance and safety recommendations

If we take on your case, we’ll seek to establish the circumstances behind what happened, to ensure you are fairly compensated for the medical negligence you’ve experienced.

What Will I Be Compensated For?

A medical negligence compensation settlement can help you get a sense of justice. An accurately calculated compensation settlement that genuinely reflects your current circumstances and future needs can also make a huge practical difference day-to-day.

Medical negligence compensation can cover costs you’ve incurred such as:

  • Loss of past and future earnings
  • The cost of care, assistance and rehabilitation
  • Prescription charges and medical fees
  • Travelling expenses
  • Out of pocket expenses
  • The cost of assistance for domestic chores
  • The cost of special care aids and appliances

For more details see our Medical Negligence Case Studies.

For free legal advice call our Medical Negligence Solicitors

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