Surgery is a daunting and even traumatic prospect for anyone, regardless of age or condition. Although the standard of medical care in the UK is generally high, medical negligence due to surgical mistakes still happens, and is statistically increasing as a result of pressure on available resources and increased number of surgical procedures. If something went wrong during your surgery, you may be wondering what happens if a surgeon makes a mistake.
In this article, we will discuss what to do if a surgeon makes a mistake and how you can successfully manage the medical negligence claims process.
What is a Surgical Mistake?
A surgical mistake happens when an operation falls below the standard expected of a qualified medical professional and leads to an injury or health concern on the part of the patient. In this case,
All medical professionals who treat you during your surgery have a duty of care towards you. This duty of care refers to the universal standard expected of the professional treating you; usually, they uphold their duty towards you and help you feel better, but as humans, doctors make mistakes too.
Common Reasons for Surgical Mistakes
Surgical operations can be incredibly complex and there are a range of reasons why surgeon negligence might occur. As no two surgeries are exactly identical, every surgeon error will likely be unique. However, there are a few common mistakes that generally lead to medical negligence; they include:
- Anaesthesia Mistakes
The makeup and needs of every patient is unique, and this plays a role in the type and quantity of anaesthesia administered. Incorrect administration of anaesthesia during surgery can lead to surgical negligence claims.
- Surgical Complications
Despite the heavy regulations of the surgical industry, a mistake can happen. A surgeon may forget the procedures for an operation and make mistakes in recommending surgeries. If your operation was unsuccessful due to surgical complications, you may be entitled to an operation gone wrong.
- Cosmetic Mistakes
Cosmetic procedure is becoming a fixture among people of different ages and backgrounds today. When performed correctly, they can help enhance the appearance of an individual; done incorrectly, they can lead to injury and other health problems.
Incorrect diagnosis can lead to unnecessary surgery, and this can cause new injuries or make existing injuries get worse.
What are Never Events?
These are serious mistakes that should never happen. They are commonly regarded as avoidable accidents and, when they happen, the consequences can be devastating.
Examples of never events include:
- Operating on the wrong body part;
- Leaving a foreign item inside a patient’s body;
- Perforating a patient’s internal organ;
- Performing the right operation on the wrong person;
- Performing the wrong operation on the right person.
What Should I Do If I Think My Doctor Made a Surgical Mistake?
If a doctor makes mistakes that has caused you injury or further health problems, the first step is to gather as much evidence as possible relating to the surgical procedure. This may include the hospital’s admissions records, your doctor’s notes, and any other document. Once you have the relevant paperwork in place, you should speak with medical negligence solicitors that specialize in that area of medical negligence
Contact A Specialist Solicitor Today For A Free Claim Assessment
Making Surgical Negligence Claims
If you are ready to make a compensation claim for the surgical mistakes you have suffered, contact us today on 0800 644 4240. During this call, you will be asked questions about the surgical treatment you received and the injury you suffered as a result. You will also be assigned a dedicated medical negligence solicitor who will determine whether you have legitimate grounds for a claim.
We understand that reliving your experience might be traumatic, but it is important you do so, as this will help us get a clear idea of what happened and how it has affected you. If we think you can make a medical negligence claim, we can conduct further evidence gathering and fact finding to build a robust case on your behalf. At the completion of this process, we will contact the negligent party on your behalf.
You are under no obligation to instruct the panel of specialist solicitors we work with; if you are just seeking legal advice and support, we will be happy to provide that too.
What Can I Claim for Due to Surgical Error?
You will usually be able to make claims for:
- General Damages: This refers to compensation for the pain and suffering you have endured. Since these are non-economic losses, the compensation you receive will help you recover from your pain and suffering – whether this be mental anguish, loss of mobility, or physical pain.
- Loss of Earnings: The impact of surgical mistakes can prevent you from working and can affect your earnings both at present and in future.
- Care Claim: If the injury or health problem you suffered means that you need help to perform routine tasks, you may be able to make a claim.
How Much Compensation Will I Receive for a Surgical Error Claim?
The amount of compensation you will be awarded for a surgical negligence claim will depend on the nature of your injury and how it has affected your life. Generally, medical negligence claims in the UK are designed to restore the position that the injured person would have enjoyed had they received the right surgical treatment.
Our medical negligence solicitors will conduct a comprehensive assessment of your current and future medical care needs, as well as the losses you have incurred as a result of the surgical error. This process will ensure you receive maximum compensation for your injury.
Is There a Time Limit for Making Surgical Negligence Claims?
The general time limit for making medical negligence claims is three years from the date of the incident or the ‘date of knowledge’. This means that you must issue court proceedings within three years from the date of your surgery, or when you suffered the injury.
However, there are times when the injury may not become apparent until a later date. You may be wondering what do surgeons say when they mess up or how do doctors deal with making mistakes? Well, while some may admit their mistakes, some others may hold back from doing so. If you only became aware of your injury at a later date as a result, you have three years from the date of knowledge to start a claim. If you are unsure about the time limit for your claim, our specialist solicitors can advise you on starting a claim.
No Win No Fee Surgical Negligence Claims
One of the most challenging aspects of making a claim for medical negligence is funding your claim. Most law firms will demand high fees to represent you and, if you have been a victim of surgical negligence, this can cause you further stress.
Thanks to our No Win No Fee service at Medical Negligence Direct, we do not charge any upfront fees for the legal advice and support we provide. Instead, we only receive a success fee (0-25% of your final compensation) which is deducted from your compensation award. This means you do not have to worry about sourcing money to pay huge solicitor fees; you can simply relax and let us do all the hard work for you.
Why Choose Us?
Surgical negligence claims are very complex and require the experience of solicitors who have managed similar cases in the past. At Medical Negligence Direct, we work with a panel of solicitors who have the experience required to make successful compensation claims on your behalf. With a no-obligation consultation, our No Win No Fee service, and ability to make arrangements for medical assessments, you can rest assured of expert legal advice and support that will help you seek the maximum compensation you deserve.
If you have suffered as a result of surgical errors and are wondering “can you sue if surgery goes wrong”, our solicitors can help. Call us today on 0800 644 4240 or fill our free claims assessment form for a no-obligation consultation.