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Suffering from hernia comes with more than enough pain and discomfort, but if you have suffered further inconvenience as a result of medical negligence, then you may be able to make a hernia mesh implant claim. Our experienced NHS solicitors understand how distressing a hernia mess mistreatment can be, and want to help you get the support you need to navigate this difficult time.
Hernia mesh implant claims are brought by patients who wish to sue their doctor or surgeon for avoidable harm or complications arising from their hernia surgery as a result of the negligent action of the healthcare provider.
Hernia mesh implant claims are rising of recent because of increase in the rate of complications arising from the use of mesh as opposed to fewer issues arising from suture-related repairs.
The percentage use of mesh for hernia repair surgery for the various types of hernia -Inguinal, Umbilical and Incisional hernias are currently 95%, 50% and 82% respectively according to reports from NHS England.
Therefore, if you have suffered avoidable complications, injury or pain as a result of surgeon negligence during your hernia mesh surgery, you are well within your rights to make hernia implant claims.
What is a Hernia?
A Hernia occurs when an organ or tissue pushes through the wall of the muscle holding it in place. Hernias commonly affect the abdominal region, between the chest and hips. In some cases, the protruding organ can be pushed back or it goes back into place when you lie down. There are different types of Hernia:
- Inguinal Hernia: This is the most common type of hernia and it mostly affects men. This type of hernia occurs when either a part of your bowel or fatty tissue protrudes through your groin.
- Femoral Hernia: This also occurs when a part of your bowel or fatty tissue protrudes into your groin, but it is more common in women.
- Umbilical Hernia: This is protrusion of a part of your bowel or fatty tissue into your tummy around your belly button area. It mostly affects babies if the umbilical cord opening in the stomach is not properly closed after their delivery. It can also affect adults who have suffered several strains on their stomach.
- Hiatus Hernia: This type happens when a part of the stomach protrudes into the chest by piercing through a weakened part of the diaphragm.
What is a Hernia Mesh Implant?
There are a number of treatment options available to help patients who are suffering from hernia, and a mesh implant is one of them. The hernia mesh implant is made of synthetic material and is used to reinforce weakened muscle or tissue. A hernia mesh implant can be performed via open surgery or laparoscopic surgery.
In open surgery, a cut is made and the protrusion caused by the hernia is pushed into its original muscle before the muscle is strengthened with a mesh. In laparoscopic surgery, the repair of the weakened muscular wall is done via the insertion of a mesh through the lining of the abdomen; this type of hernia mesh surgery can also be performed without inserting through the abdominal wall.
Hernia Mesh Implant Complications
Hernia mesh problems can be very serious, even fatal. They may include:
- Chronic pain, particularly in the pelvic and abdominal region
- Bladder infection
- Blockage of the bowel and intestine
- Difficulty or inability to walk
- Organ perforation
- Mesh shrinkage
- Mesh protrusion or erosion
- Autoimmune reaction
Sadly, some of these complications can be life-threatening and, unlike other types of mesh surgery, the NICE does not provide guidelines as regards the use of mesh for hernia treatment. Worse still, removing a hernia mesh implant is a risky surgical procedure as it embeds itself into the surrounding tissue over time.
Hernia Mesh Failure Symptoms
It can be difficult for doctors to diagnose hernia mesh complications due to the similarities they share with other conditions. However, it is important that you contact your health professional if you have had hernia mesh surgery and experience any of the following:
- Chronic pain
- Swelling or bruising in the area
- Difficulty passing urine, gas or stool
- Stiffness in the abdominal region
- High fever
- Nausea, vomiting
Are You Entitled to a Claim for Hernia Mesh Compensation?
You may be entitled to a compensation claim if your situation meets any of the following criteria:
- Your health professional failed to provide enough information about the risks associated with a hernia mesh implant before the surgery.
- You think the standard of the hernia mesh surgery fell below what is considered acceptable.
- You were not informed that the hernia mesh implant would be in your body permanently.
- You were not informed about other options to the mesh implant prior to the surgical procedure.
- You were not given enough time to consider the pros and cons of the procedure.
- You sought the attention of your health professional after the surgery, but your symptoms were not given the required attention.
- Your complaints were ignored.
- You have to undergo revision surgery to repair the complications caused by the hernia mesh implant.
If you have suffered any hernia mesh complications UK, you may be able to make a claim for compensation. The complications associated with hernia mesh surgery can cause some victims to quit work. So, you may also be able to make claims for losses and expenses such as lost income, cost of pain medications, care costs, as well as revision surgical error in a private hospital (where there may be lengthy waiting times at the NHS).
You may also be able to make claims for the emotional trauma you have endured as a result of the negligent treatment you suffered.
How Much Compensation Can I Get For A Hernia?
No two hernia mesh implant claims are the same. When you contact one of our NHS solicitors, they will focus on the injury you suffered as well as its impact on your life. As discussed above, your solicitor will consider the different elements that make up damages – from general to special damages – that you have incurred.
Simply put, the amount of money you can get in compensation for a hernia mesh surgery depends on:
- Therefore, if you believe your hernia mesh surgery has been conducted in a way that put your health at risk, it is critical that you contact us as soon as possible. Our solicitors will discuss details of your case and determine whether there are valid grounds for a claim. However, you can rest assured that we will always aim to secure the maximum compensation you deserve.
- Severity of damage done
- Period of time needed to make full recovery
- Loss of earnings and other financial losses
- Costs of further medical care or correctional surgeries.
Time Limit for Making Hernia Mesh Implant Claims
Generally, the time limit for making hernia mesh implant claims begin from the date when the victim became aware of the injury, which is known as the date of knowledge. From this date, you will have three years to start a claim by way of issuing court proceedings.
Truth is, some hernia mesh complications do not present themselves until a much later time – even years after the surgery. You are expected to start a claim within three years of the time you could have reasonably become aware that your injury was due to hernia mesh problems. The three-year time limit would begin to run, for instance, after a diagnosis by a GP or any other health professional that your injury is a result of the procedure.
This means that even if your hernia mesh surgery was done several years ago, and you are only beginning to experience the pain and discomfort associated with you, you may still be entitled to a claim. Get in touch with our specialist solicitors today to find out whether you have valid grounds for a hernia mesh compensation claim.
No Win No Fee Hernia Mesh Implant Claims
If we believe you have valid grounds to pursue a compensation claim, we will likely offer to work with you on a No Win No Fee basis. This means you do not have to worry about paying any upfront legal fees. Simply put, our NHS solicitors take on your hernia mesh case and if your claim is not successful, you will not have to pay any legal fees.
How Our Solicitors Can Help You
Medical Negligence Direct helps victims of hernia mesh implant by building an undeniable evidence portfolio and pursuing compensation.
It is not the duty of your healthcare provider to disprove negligent treatment. It your responsibility as the claimant to demonstrate negligence occurred, and that it caused the injury you suffered. Moreover, it is critical that you seek legal advice as soon as possible, as this gives you the information you need to make informed decisions and how to proceed with the claim.
Our NHS solicitors will conduct thorough research of the events surrounding your injury. We will also review your medical records, and welcome the opinion of an independent medical expert. Regardless of the nature of your case, you can count on us to go all the way with you.
Frequently Asked Questions(FAQs)
What Is The Average Payment For Hernia Mesh Lawsuit?
Payments received as settlements for Hernia mesh lawsuit differ for various reasons such as the severity of the complication, need for further correctional surgeries, financial losses incurred, etc.
Taking these into consideration, the average payment is generally between £40,000 and £70,000.
Our specialist hernia mesh implant claim solicitors can give you a idea of what you can expect as settlement for you claim.
Can I Sue For Hernia Mesh?
Yes Of course, you can sue for hernia mesh implant compensation claims if your hernia mesh surgery has gone wrong causing you pain, trauma or unnecessary complications as a result of the surgeon or healthcare professional being negligent thereby breaching the duty of care, he owes you.