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.
Fort
unately, 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.
