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
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
- Pushing for a fair outcome: Your Lawyer will work hard to make sure you get the maximum amount of compensation you’re entitled to and ask the NHS to learn lessons from your surgical negligence claim
- Help with all your legal needs: We can help you with any other legal you might have. If you need to make a new Will or set up a Personal Injury Trust so you can still claim state benefits after your settlement we can help.
- 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.
- 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.
Our 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 Can I Claim Compensation For?
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:
- 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.
People We’ve Helped
Our client’s bowel was perforated during a routine operation. Because of this, he needed a stoma and suffered with incontinence. This affected his confidence and his day to day life. His stoma site continued to give him problems, with two more surgeries for hernia’s at the stoma site. With all of these health issues and the worry of a permanent stoma left our client with depression. We used medical evidence to show that this could have been avoided and settled his claim without going to Court for a six figure sum.
We helped a woman get compensation after she went to hospital for a gastric bypass and a possible hernia repair. She was extremely ill after the surgery and spent 8 weeks in intensive care. For 12 months after her surgery, her husband became her carer, helping wash, dress and feed her. The effects of her surgery continued for another 12 months. She found out later that she had had surgery she hadn’t consented to and was not warned about the risks involved of that surgery which had caused all of the issues. The trust offered her a six figure settlement, which she accepted.
Our client had suffered from a prolapsed disc which could have left him paralysed. But after surgery, he made a good recovery and continued working and playing golf, tennis, squash and cricket.
Years later, after an annual check-up, his surgeon suggested another significant spinal surgery. The surgeon suggested that it had a 60% chance of improving his condition. He really didn’t want to go ahead, but was persuaded that it was a ‘no lose option’. The surgery left him partly paralysed and his wife had to become his carer. The impact of the surgery was significant – he suffered from mobility issues, bladder issues, erectile dysfunction and mental health issues. He was awarded six figure compensation to reflect the very real effects of the medical negligence on his life and his health.
What is the Medical Negligence Claim Process?
- A Free Claims Assessment - you can call us on 0800 260 5010 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: After a settlement has been agreed, we’ll get your compensation to you. We can also refer you to our specialist Court of Protection Solicitors if you need a Personal Injury Trust setting up so you can continue to claim state benefits.
Is There a Time Limit on Making a Medical Negligence Claim?
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.
How Do I Pay for a Medical Negligence Claim?
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.
For free legal advice call our Medical Negligence Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.