If you have been the victim of surgical negligence in the UK, you may be entitled to compensation. Surgical negligence occurs when a surgeon or medical professional breaches their duty of care, causing harm to the patient. In this article, we’ll explore what surgical negligence is, how to prove it, and how to claim Surgical Negligence Compensation in the UK.
What is Surgical Negligence?
Surgical negligence is a form of medical negligence that occurs when a surgeon or medical professional breaches their duty of care to the patient, causing them harm. Examples of surgical negligence include:
- Performing the wrong surgery on the patient
- Failing to diagnose a condition that should have been identified prior to surgery
- Operating on the wrong part of the body
- Leaving surgical instruments inside the patient’s body
- Failing to provide adequate post-operative care
Proving Surgical Negligence
To prove surgical negligence, you must establish two things: breach of duty and causation. Breach of duty refers to the surgeon’s negligence or failure to provide a reasonable standard of care. Causation refers to the connection between the surgeon’s negligence and the patient’s injury.
To prove breach of duty, you will need to provide evidence that the surgeon did not perform their duties to a reasonable standard. This could include witness statements, medical records, and expert testimony.
To prove causation, you will need to show that the surgeon’s negligence caused your injury. This could involve providing evidence of the extent of your injury and how it was caused by the surgeon’s negligence. More about click here
How to Claim Surgical Negligence Compensation in the UK
To claim compensation for surgical negligence in the UK, you will need to make a medical negligence claim. This involves following a specific legal process.
The first step is to find a solicitor who specializes in medical negligence claims. They will guide you through the process and help you gather the required proof to support your claim.
Once you have a solicitor, they will send a letter of claim to the NHS or private healthcare provider responsible for your treatment. This letter will outline the details of your claim, including the nature of your injuries, the extent of the negligence, and the amount of compensation you are seeking.
The healthcare provider will then have four months to respond to your letter of claim. They may admit liability and offer to settle your claim, or they may dispute your claim and provide their own evidence to support their case.
If liability is admitted, your solicitor will negotiate a settlement on your behalf. If liability is disputed, your case may go to court, where a judge will decide on the outcome.
Factors Affecting Medical Negligence Compensation
The amount of compensation you may obtain for a surgical error depends on various factors, such as the severity of the injury, the impact on your life, and the financial losses you have suffered. Compensation can include damages for pain and suffering, loss of income, and future medical expenses.
To determine the amount of compensation you may receive, a solicitor will evaluate the evidence you have provided and consult with medical experts to assess the severity of your injuries. The solicitor will then negotiate with the healthcare provider’s insurance company to reach a settlement that is fair and just.
Time Limit for Making a Claim for Surgical Negligence Compensation
As mentioned earlier, in the UK, the time limit for completing a medical negligence lawsuit is three years from the date of the damage or three years from the date you became aware of the injury. Pursuing legal guidance as soon as possible is essential to ensure you do not miss the deadline.
If you are beneath the age of 18 at the time of the injury, the three-year time limit starts on your 18th birthday. If the person injured lacks the mental capacity to make a claim for Surgical Negligence Compensation, there is no time limit for making a claim.
No Win, No Fee Agreements
Many medical negligence solicitors in the UK present a ‘no win, no fee arrangement, indicating you do not have to spend any upfront costs to make a claim for Surgical Negligence Compensation. Instead, the solicitor will take a percentage of your compensation if your claim is successful.
A ‘no win, no fee’ arrangement can be advantageous if you are worried about the costs of making a claim for Surgical Negligence Compensation, and it can even give you peace of mind understanding that your solicitor is confident in your case’s success.
Surgical negligence can be a traumatic and life-changing experience. If you have been the victim of surgical negligence in the UK, it’s important to understand your rights and options for compensation. By following the legal process and seeking the advice of a specialist medical negligence solicitor, you can increase your chances of receiving the compensation you deserve. Check my blog
What is the highest compensation in a medical negligence case?
There is no fixed amount for compensation in medical negligence cases. The amount of compensation awarded depends on various aspects, including the severity of the injury, the impact on the victim’s life, and the cost of ongoing care and rehabilitation.
What is an example of surgical negligence?
An example of surgical negligence could be performing the wrong surgery on a patient, operating on the wrong part of the body, or vacating surgical instruments inside the patient’s body.
Can you claim Surgical Negligence Compensation?
Yes, if you have been the victim of negligence, you may be allowed to claim for Surgical Negligence Compensation. This applies to any type of negligence, including medical negligence.
Can I argue for nerve damage after surgery?
Yes, if you have sorrowed nerve damage due to surgical negligence, you may be allowed to claim Surgical Negligence Compensation. The amount of compensation awarded will count on the severity of the damage and the impact it has had on your life.
|Type of Compensation||Description|
|Pain and Suffering||Compensation for the physical and emotional pain caused by the surgical error|
|Loss of Income||Compensation for any income lost due to the injury and the resulting impact on your ability to work|
|Future Medical Expenses||Compensation for any future medical expenses related to the injury, such as ongoing treatment or rehabilitation|
|Other Expenses||Compensation for any other expenses related to the injury, such as travel costs to medical appointments or home adaptations|