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“Mistakes made during a surgical operation can cause you unnecessary pain and suffering. If you have suffered pain, injury, discomfort, or long-term health problems after an operation, you may be able to make operation negligence claims.”
When you undergo surgery, you put faith in the medical professionals to provide a reasonable standard of care when carrying out operative procedures. However, mistakes can and do happen, even with experienced hands – and the consequences can be grave. Medical negligence Direct works with a panel of operation negligence claims solicitors who have helped countless people with operation negligence and can guide you throughout the claims process.
What is Operation Negligence?
Operation negligence happens when a surgeon causes injury to a patient or makes an already existing condition worse during an operation.
All surgeons have a duty of care to their patients – before, during and after the surgery. They must adequately assess the patient to ensure surgery is the best option, there are no mistakes during surgery, and that pre-and-post-surgical care is of reasonably acceptable standard.
We could help you make a claim for medical negligence if your surgeon or medical professional:
- Failed to make sure you were aware of the risks and alternative procedures to surgery;
- Failed to obtain informed consent;
- Left foreign objects in the body;
- Operated on the wrong body part or performed unnecessary operation;
- Caused you infection due to poor hygiene;
- Administered too little or too much anaesthetic.
What is Considered Informed Consent?
When deciding whether to accept medical treatment, a patient must be informed of what the treatment involves, all the ‘material risks’ of the treatment, and any reasonable alternatives. This means that the decision for an operation lies with the patient even when:
- The side effect or risk of a poor outcome is minimal;
- The medical professional believes the risk is not significant enough to refuse treatment.
If the patient is informed of the risks involved, they have the right to give or withhold consent, no matter how significant the risk may be. Having the patient sign on the consent form is not conclusive evidence that they gave informed consent; the court will consider events leading up to when the patient was asked to append their signature, such as the medical notes of the healthcare professional.
Can I Claim Compensation for Operation Negligence?
If you have suffered an injury or illness, or a pre-existing condition has been made worse after a surgical operation, you can make operation negligence claims. It is truly unfair that you have to suffer financial uncertainty in addition to the injury or illness due to operation negligence. A successful compensation claim will help you focus on your recovery without having to worry about your inability to earn income or pay for corrective treatment due to your injury.
To make a successful operation gone wrong claim, you will need to prove that the surgeon or medical professional performed the operation in a manner that fell below the acceptable standard of care. This standard will be determined by a responsible body of medical negligence expert opinion – made up of professionals with qualifications and experience in that area of medicine.
For instance, the performance of a dental surgeon will be judged by reference to a logical and responsible body of dental surgeons. If the responsible body believes another surgeon would have acted differently under similar circumstances, the surgeon will be deemed negligent.
As a patient, you will also need to demonstrate that the surgeon’s actions or inactions caused you to suffer an injury or loss. If you can show that ‘but for’ the negligence of the surgeon, the injury would have been avoided, then you can make the surgeon negligence claim.
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How Much Compensation Can I Receive for Operation Claims?
Medical negligence cases payouts UK depend on the severity of the injury as well as the impact it has had on the life of the victim. When calculating the amount of compensation you could receive, our panel of operation negligence claims solicitors will consider the general damages – that is, the non-economic losses you incurred – as well as out-of-pocket expenses such as medical bills, travel costs and any other financial losses you incurred as a result of the medical negligence.
Time Limits for Making Operation Negligence Claims
When making operation negligence claims, it is important to keep in mind that there is a time frame within which you must start a formal claim. Usually, there is a three-year time limit for patients or their loved one to bring a claim for operation negligence. This time limit begins from the date of the incident or the date when the injury or illness resulting from a failed operation was recognized.
However, there are some exceptions to the three-year time limit:
- Claims can be made on behalf of children below 18. Once they turn 18, the three-year time limit begins to run; this means they have until their 21stbirthday to start a claim.
- There are no time limits for those who lack the mental capacity to make claims on their own; their next of kin or loved one may make a claim on their behalf.
If you are unsure about the timing of your potential claim, give us a call today on 0800 644 4240 and one of our specialist solicitors can provide the helpful information you need. Throughout the claims process, our solicitors will ask you to recount your experience in order to take a detailed and accurate account of what took place. Ultimately, the goal is to help you secure the compensation you deserve – and you can count on us to walk you every step of the way.
Will My Case Go to Court?
The vast majority of cases handled by our operation negligence claims solicitors are resolved out of court. We will negotiate with the NHS Trust or private healthcare provider responsible for your surgery for the compensation you deserve. This approach is faster as it bypasses the stressful legal court proceedings; however, if a fair settlement cannot be reached outside the walls of the court, we may initiate court proceedings on your behalf. If this is the case, you can count on us to support you through every step of the court process, with expert legal representation and personal support.
No Win No Fee Operation Negligence Claims
At Medical Negligence Direct, we represent most of our clients on a No Win No Fee basis. This means that you do not have to pay any upfront solicitor fees; what’s more, you wouldn’t even pay a penny if the case is unsuccessful. If your claim is successful and you are awarded compensation, then a percentage (0-25%) known as “success fee” will be deducted from the final compensation award. This amount will be agreed by you before the operation negligence claims process begins.
So, whether you are making a GP negligence claim, NHS clinical negligence claim, or you are making a direct claim against a negligent surgeon, our No Win No Fee service gives you the assurance that your medical negligence claims solicitor will do everything possible to secure the best outcome on your behalf because they only get paid when you are compensated for the injury you have suffered.
Why Choose Us?
At Medical Negligence Direct, our specialist medical negligence claims solicitors know too well how daunting an operation negligence claim can be for you and your family. As a result of our years of experience in successfully helping victims of operation negligence seek compensation, we understand what it takes to get you through the process without causing you further stress. This is why each client is assigned their own specialist solicitor who will manage the case from start to finish. When you contact us, our priority will be to listen to your experience and then get to work on securing the compensation you deserve.
Whether you have been a victim of delayed surgery, unnecessary surgery, or foreign objects were retained in your body, we will need detailed information of your experience. This will include when the surgery took place, what complications arose, and what action was taken during and/or after the operation to remedy the situation. If you are unsure whether you have valid grounds for making operation claims or operation report surgery, you can start by filling out our claims assessment form online or calling 0800 644 4240 to speak with one of our expert solicitors.
Frequently Asked Question about Operation Negligence Claims
What is operation negligence?
Operation negligence happens when a surgeon or any other medical professional makes mistakes before, during or after your operation which causes you further problems or makes an existing condition worse.
Can I make claims if my operation goes wrong?
Yes. If you have suffered an injury or illness as a result of a surgical error, you may be entitled to operation negligence claims for compensation. In this case, you may be able to sue the medical professional or hospital responsible for your care.
How much compensation can I receive for operation negligence claims?
There is no fixed compensation award for operation negligence claims, as every situation is unique. Your compensation will depend on the nature of injury or illness you suffered and its impact on your life.