Surgical Negligence Claims

For free legal advice call our Medical Negligence Solicitors and we will help you. Ask if we can deal with your claim on a No Win, No Fee basis.

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Helping people with Surgical Negligence Claims

If you’ve been affected by a surgical error whilst you were in hospital for planned or emergency surgery, our friendly and approachable Medical Negligence Solicitors can help you understand if you have a claim for compensation.

When you have surgery, you put your trust completely into the surgeon operating on you, so if a mistake happens, it can be extremely upsetting and have serious consequences on your health.

You can rely on our specialist Medical Negligence Solicitors to be clear about where you stand during our Free Claims Assessment. This will help you to decide if you want to move forward with making a medical negligence claim.

During the claims process, we can also ask the NHS or your healthcare provider to make sure that lessons are learned, so that no one else has to go through what you have.

Call us for a free claims assessment and ask us about taking your claim on a No Win, No Fee basis

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Surgical negligence is a serious issue that can lead to devastating consequences for patients. It refers to any failure on the part of a medical professional to provide adequate care during a surgical procedure. 

This can include errors made while preparing for the surgery, or during the surgery; which result in physical injury, emotional distress, and/or financial losses for the patient. It’s also possible that harm may come to a patient as a result of improper ‘follow up’ or a lack of care after the surgery that lead to avoidable complications.

What is Surgical Negligence?

Surgical negligence refers to any failure on the part of a medical professional to provide adequate care during a surgical procedure. This can include errors made before, during, or after the surgery. It can also refer to any failure to obtain informed consent from the patient, or any failure to provide adequate follow-up care.

If you have suffered harm because of surgical mistakes, or you’re having to cope with side effects or complications due to surgical negligence, you should contact our team of surgical negligence solicitors today. 

What is a Surgical Error?

A surgical error is any mistake made during a surgical procedure that results in harm to the patient. This can include errors such as operating on the wrong body part, leaving foreign objects inside the patient, or performing the wrong surgery altogether.

More commonly, accidental damage can be caused to the tissue and organs around the site of the surgery, where nerves can be accidentally damaged, or nearby organs can be accidentally ‘nicked’ or cut; these can lead to long lasting pain, loss of feeling, internal bleeding, infection and much more - where the complications can cause lasting, and even permanent damage.

What are the Causes of Surgical Negligence?

Surgical negligence can be caused by a variety of factors, including:

  • Lack of training or experience on the part of the medical professional
  • Failure to follow proper protocols and procedures
  • Miscommunication between medical professionals
  • Fatigue or stress on the part of the medical professional
  • Negligent mistakes made during surgery
  • Failure to obtain informed consent from the patient

Types of Surgical Negligence

There are many different types of surgical negligence, including:

  • Wrong site surgery
  • Accidental damage to nearby tissues
  • Foreign objects left inside the patient
  • Negligent treatment of post-operative infections
  • Failure to diagnose or treat complications
  • Anesthesia errors
  • Failure to obtain informed consent

When am I Most Likely to Experience Surgical Negligence?

Whenever you are being prepared for surgery, operated on, or looked after following the treatment, it’s possible for negligence to occur. With that said, there are some surgeries where we see improper treatment happening more often; examples include:

  • Knee replacement surgery
  • Hip replacement surgery
  • Hernia surgery

How to Avoid Surgical Negligence

To avoid surgical negligence, it is important for medical professionals to follow proper protocols and procedures, communicate effectively with each other, and obtain informed consent from the patient. 

Patients can also take steps to protect themselves by asking questions, and researching their surgeon’s history and experience. Patients can also take the time to ensure that they fully understand the risks and benefits of the procedure they’re about to undergo. Asking how much sleep your surgeon has had prior to the operation can also be helpful.

Can I Sue the NHS for Surgical Negligence?

Yes, you can sue the NHS for surgical negligence. The NHS has a duty to provide a reasonable standard of care to its patients, and if it fails to do so, you may be able to make a claim for compensation. However, it is important to note that the claims process for medical negligence can be complex, and it is recommended that you seek the advice of a medical negligence solicitor.

How Long Does a Surgical Negligence Case Take?

The length of a surgical negligence case can vary depending on the complexity of the case and the willingness of the defendant to settle. In general, cases can take two years or more to resolve, but straightforward cases can take less.

Can I Claim on Behalf of a Loved One in a Surgical Negligence Case?

Yes, you can claim on behalf of a loved one in a surgical negligence case if they are unable to do so themselves. This can include cases where the patient has passed away or is incapacitated; you must be related to the individual, either as a parent, sibling, or spouse, unless you are acting as an executor on behalf of their estate.

How Long After Surgery Can You Claim Medical Negligence?

You can claim medical negligence at any time after surgery, as long as it falls within the time limit for making a claim. However, it is recommended that you seek legal advice as soon as possible to ensure that you have the best chance of success in receiving surgical negligence compensation. If you are wanting to claim for surgical negligence, contact our surgical negligence solicitors. 

What Are The Time Limits For Making A Surgical Negligence Claim?

In the UK, the time limit for making a surgical negligence claim is generally three years from the date of the injury or from the date when the injury was discovered. However, there are some exceptions to this rule, and it is important to seek the advice of a medical negligence solicitor to determine the time limit for your specific case.

How Can I Pay for a Surgical Negligence Claim?

Our personal injury solicitors offer a No Win No Fee agreement in most surgical negligence cases, contact our team if you are looking to pursue a claim for surgical negligence compensation. We can help with a range of different medical negligence claims. 

There are several ways to pay for a surgical negligence claim, including:

  • No win, no fee agreements
  • Legal aid (in some cases)
  • Private funding

What is the Average Payout for Medical Negligence in the UK?

The average payout for medical negligence in the UK can vary widely depending on the severity of the injury and the specific circumstances of the case. 

However, payouts can range from several thousands of pounds to millions where the injury is permanent and severely debilitating. How much compensation you receive is based on the severity of the harm caused by the surgical error.

The Compensation Process for Surgical Negligence 

When it comes to injury compensation, the process of calculating the amount you're entitled to may seem complex, but can actually be broken down into two main components for different injury types.

The first of these is general damages, which take into account the pain, suffering, and overall impact on your quality of life, known as PSLA (pain, suffering and loss of amenity). 

The second part of the calculation is special damages, which covers any financial setbacks and extra expenses incurred as a direct result of the injury, such as medical bills or lost wages. 

By carefully considering and combining these two aspects, the appropriate amount of compensation can be determined, ensuring that you receive fair recompense for the physical and financial consequences of your injury.

How We’ve Helped With Surgical Negligence Cases

Our personal injury solicitors have helped a range of people with surgical negligence claims. Our team helped one client to claim £105,000 in Compensation following Medical Negligence during Bowel Surgery, and we helped another to secure £125,000 in Compensation for errors made during Gastric Surgery.

Why Choose Simpson Millar?

Our specialist team of Medical Negligence Solicitors can help you rebuild your life if you’ve been impacted by a surgical error.

  • Open and transparent

    We’ll always use clear and straightforward language when we speak with you. We’ll make sure you’re kept up to date with your claim

  • Industry recognition

    Many of our Medical Negligence Solicitors are recognised experts in this field, accredited by the Law Society Accreditation Scheme for Clinical Negligence and members of Action against Medical Accidents (AvMA) Solicitors referral panel

  • Partnerships with leading organisations

    We work with many charities and specialist organisations, such as Action against Medical Accidents (AvMA), Headway and the Spinal Injuries Association.

  • Working with the NHS

    We can push to make sure the NHS learn lessons from your experience so that others don’t have to go through what you have. We’ll also do all we can to settle your claim without going to Court, including using mediation. That doesn’t mean that we won’t fight for you if we don’t think you’re being offered a fair settlement.

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We have a Dedicated Major Trauma Team

If you or a loved one has suffered a life-changing injury, we can help you get the right support and advice. With Simpson Millar, you’ll have a whole team on your side. We have some of the best personal injury solicitors in England and Wales and other specialist legal teams to meet all your needs. This should reassure you that you’ve come to the right place.

You’re probably facing many day-to-day challenges after your injury, so we want to make dealing with any legal issues as seamless and stress-free as possible. Then you can focus on your recovery and living a fulfilling, independent life.

Our dedicated team have the experience and knowledge to guide you through every step. We know choosing someone to help you can be an difficult decision, but hopefully we can prove that you’ve made the best choice.

What is the Medical Negligence Claim Process?


    A Free Claims Assessment

    You can call us on 0808 239 6043 or get in touch online and we’ll have a chat with you about your situation and tell you quickly if we think you have a surgical negligence claim.


    Complaining to the NHS

    Following the NHS Complaints procedure could help your case. We’ll let you know if you need to follow this process and we’ll give you help and advice on making the complaint and review any outcome.


    Medical Evidence

    After taking on your case, we’ll ask an independent medical specialist to comment on the treatment you received and whether, in their opinion, they consider it to be negligent. We’ll ask for your medical notes and later on in your claim, we’ll ask independent medical experts about your injuries and the impact they’ll have on your life.


    Interim Payments

    If the NHS or Private Hospital admit responsibility, we’ll ask them for interim compensation payments. These can help with any urgent financial or medical needs.


    Settle Your Claim

    The early settlement of your case is beneficial to you so we’ll work hard to reach an agreement. But we’ll only recommend settlement if we think the offer is fair. If not, your case will go to Trial and a Judge will decide the outcome. Thankfully, most medical negligence claims don’t go to Court, but we’ll support you all the way through.


    Your Compensation

    The early settlement of your case is beneficial to you, so we’ll work hard to reach an agreement. But we’ll only recommend settlement if we think the offer is fair. If not, your case will go to Trial and a Judge will decide the outcome. Thankfully, most medical negligence claims don’t go to Court, but we’ll support you all the way through.

FAQs about Surgical Negligence Claims

 Any compensation you get because of a surgical error can help you to start to rebuild your life, feel secure that the NHS have taken action to stop anyone else facing the same things and feel a real sense of justice. It also helps in practical ways, and can cover costs such as:

          • Rehabilitation
          • Any lost earnings in the past and the future because of the error
          • Any care given to you by family members or paid carers
          • Prescription costs and any additional medical fees
          • Help with household chores
          • Travelling expenses
          • Adaptations to your home if needed
          • Equipment to help you manage your condition

We can also you claim bereavement damages if a loved one died because of negligent surgery.

Yes. It’s 3 years from the date of your surgery or three years from when you first became aware of an issue because of the surgery – this is known as the date of knowledge.

The 3 year time limit can sometimes be extended, for instance if the injured person lacks mental capacity or if they were a child when the negligent surgery took place. For a child, the 3 year limit starts running on their 18th birthday.

If a loved one died because of surgical negligence, you have 3 years from the date of their death to make a claim.

Because of the strict time limits, you should get in touch with a specialist Medical Negligence Solicitor as soon as possible.

Most medical negligence claims are funded through a No Win, No Fee agreement. This is also known as a Conditional Fee Agreement. Ask for details when you get in touch.

Awards & Accreditations

A number of our Clinical and Medical Negligence Solicitors are members of the Law Society’s Medical Negligence Panel and AvMA Solicitors Referral Panel.

Check our full list of accreditations or browse the many awards we have won for our work. This includes several wins at the Personal Injury Awards.

Simpson Millar subscribes as a member of the AvMA Lawyer's Service and The Society of Clinical Injury Lawyers

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