There is no doubt that surgery is daunting, regardless of the type and reason for it – and you are entitled to receive the best possible care and treatment. But what happens if there is a surgical error and you are injured as a result? If the mistake was caused by negligence, then you may be able to make a claim for compensation.

Fortunately, the standards of surgical treatment are high in the UK, but mistakes still happen. When mistakes happen during an operation, such as the surgeon operating on the wrong arm or accidentally hitting and injuring a nerve, the resulting injuries can be severe.

When a doctor’s care is shown to have been below a reasonable standard, then you are entitled to make a surgical negligence claim for compensation for your pain and suffering.

Is Your Post Surgery Pain Normal?

Following most operations, it is normal to experience some pain or discomfort during your recovery period. This might be swelling, temporarily restricted movement or soreness at the site of the area operated on.

However, your expectations should have been managed by the doctor prior to your surgery and you should be fully prepared for what your recovery will be like. If you suffer symptoms that are different to those discussed with the doctor beforehand or the symptoms go on for longer than they should, it may be due to a surgical error.

What Are The Types Of Surgical Errors?

There are many different types of mistakes that can be made during an operation, often leading to much suffering and discomfort.

As a guide, any of the following could form the basis of a medical negligence case:

• Poor decision making and incompetence by the surgeon, resulting in below standard surgery
• Damage to the patient’s arteries or nerves
• A lack of monitoring during and after surgery
• Operating on the wrong limb
• Providing too much or too little anaesthetic
• The surgery itself was unnecessary
• Instruments left inside the patient after surgery
• Failure to obtain full consent for the operation

How Can You Claim Against Your Doctor For A Surgical Error?

If you believe you have suffered an avoidable and negligent surgical error that has caused you pain and suffering, we will work hard to quickly establish if you have a case to make a claim – and if so, we will work with you to ensure you receive the compensation you deserve and need to fully recover.

You usually have 3 years from the date of the surgery, if you’re aged 18 and older, to make a surgery error claim.

The amount of compensation you receive depends on your injury and how much is needed to get you back to the position you should have been in had you received the correct surgical treatment.

By making a claim, you can ensure the mistake is only made once and that no one else suffers like you have during the same surgery, as lessons will hopefully be learnt by the doctors and hospital staff.

How We Can Help You With Your Surgical Error Claim

Our medical negligence solicitors have the proven track record of helping many clients make successful claims after receiving below standard care during surgery on the NHS and private hospitals, for both adults and children.

We will assess whether the care you received was sub-standard and work hard to establish whether surgical negligence took place in order to secure the compensation you deserve for your experience – and to cover any current and future medical treatment and losses sustained.

In a recent case, a local customer services advisor in her early 50s made a claim with the help of Bartletts Solicitors’ personal injury team in Chester. Following remedial surgery, the lady developed a vaginal fistula and when the hospital tried to fix the issue, they made it worse and she ended up with significant difficulties for 12 months before another consultant was able to resolve it.

Our solicitors were able to prove the original surgeon should not have carried out the second surgery and that when he did this was not in accordance with hospital protocol for this type of procedure and led to more pain. We also demonstrated that the hospital failed to pick up on the vaginal fistula for months, causing the lady many months of stress and anxiety.

The lady was awarded £35,000 in compensation for her injury and loss of earnings. Thankfully she has since made a full recovery.

Thanks to their experience and knowledge of this complex area of law, our specialist solicitors are here to help you if you have received negligent surgical treatment or suffered due to a surgical error, and will assist you at every stage of the process to make the experience as stress-free and straightforward as possible for you – and to secure the compensation you deserve.

To discuss making a surgical error claim with one of our solicitors, call Freephone 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

If your GP has misdiagnosed your illness or medical condition, the consequences to your health can be severe and sometimes even life-changing due to the unnecessary suffering or pain – and you will likely be able to sue for medical negligence.

Doctors have a duty of care to their patients and if your health has been damaged because the medical care or treatment you have received has fallen short of what is deemed reasonable, then you have a right to claim for compensation.

What Is Medical Negligence?

You should expect to receive good care and attention from your doctor, and if a medical professional fails to examine or to investigate your symptoms correctly, that doctor has likely not fulfilled his or her duty of care and been negligent.

A delayed or incorrect diagnosis can lead to the wrong kind of treatment being given or the correct treatment being given too late, both of which can badly impact on a person’s health.

Grounds for making a medical negligence claim can include:

• Incorrect diagnosis of test results
• Incorrect treatment
• Delayed treatment
• No referral to the right specialist
• Delayed diagnosis
• Medication errors

How To Make A Misdiagnosis Claim?

To make a claim for medical negligence against your doctor, you need to provide proof that there was a failing in your diagnosis and that this failure caused your health to worsen.

You need to be able to prove:

• The doctor did not meet his or her duty of care to you
• The physical or mental injuries you have suffered would not have happened without the misdiagnosis

The law is complex and there are different types of claims you can make:

• Total misdiagnosis
• Wrongful misdiagnosis
• Late diagnosis

It can take between 3-4 years to settle a medical negligence claim in court but it is important you receive the compensation you deserve in order to overcome the injury or suffering caused by your misdiagnosis.

How Much Compensation Will You Receive?

Every misdiagnosis outcome varies, as does the compensation awarded for each case. The amount of compensation you will potentially receive will depend on a number of factors including your symptoms, the costs you’ve incurred, and whether any long-term treatments which would not otherwise have been required are needed.

As a guide, factors that influence how much compensation you may receive, include:

• The extent or severity of your injury
• Whether your illness has worsened
• If you underwent unnecessary surgery
• If any further treatment is needed

Your solicitor will be able to advise you of your potential compensation, depending on the details of your experience.

How We Can Help You With Your Misdiagnosis Claim

If your diagnosis has been delayed or you’ve had a misdiagnosis that has impacted on your health, then we will support you at every step of the process should you want to make a claim for compensation.

Our specialist solicitors will take the time to fully understand your experience and ensure you have the necessary proof to make a successful claim against your doctor. Your solicitor will assist you throughout the claims process to make it as straightforward and stress-free as possible, so you can focus on your recovery.

Health is so important and if your health has suffered due to misdiagnosis, it can be traumatic for you – which is why we will do everything possible to secure the compensation you deserve and that you need to recover fully.

To speak to one of our specialist solicitors about making a medical negligence claim, please call us FREE now!

Phone:  0800 988 3674  or Mobile: 0333 200 4465, or complete a Free Online Enquiry and we will soon be in touch.

A local customer services advisor who suffered for more than a year because of several surgical errors has been awarded compensation after making a claim with the help of Bartletts Solicitors personal injury team in Chester.

The specialist team at Bartletts Chester worked on this case to help the customer services advisor, who is in her early 50s, secure compensation after developing a vaginal fistula following surgery for a gynaecological issue.

When the hospital tried to fix the vaginal fistula, it made the problem worse and the lady ended up with significant difficulties for 12 months before another consultant was able to resolve it.

The customer services advisor got in touch with the dedicated personal injury lawyers at Bartletts Chester who were able to prove that the original surgeon should not have carried out the second surgery when he did as this was not in accordance with hospital protocol for this type of procedure and in fact made the problem worse for her.

Furthermore, the hospital failed to pick up on the vaginal fistula for months, causing the lady many months of stress and anxiety.

In total, the lady was awarded £35,000 in compensation for her injury plus significant loss of earnings.

Thankfully, the customer services advisor has since made a full recovery.

If you have suffered as a result of medical negligence speak to one of our specialist personal injury solicitors about your injury or accident claim, contact us on 0800 988 3674 or Telephone our Wrexham office on: 01978 360056 or Chester on: 01244 405 399 or email advice@bartletts.co.uk