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Surgical Error Claims And Surgery Mistakes

Were you the unfortunate victim of surgical error or negligence? Whether you’ve suffered adverse complications during a surgical procedure, or Surgical Error Claimbecause of failings in your after-care, if a medical professional is found at fault, there is a strong likelihood you will be eligible to make a no win no fee surgical error claim. We’re regarded one of the leading resources for legal support and advice in the UK, so if you feel you have been a victim of surgical error, contact us for advice today.

“Surgical error” is a broad term used in the personal injury sector to refer to mistakes made both during and immediately after an invasive, or non-invasive procedure. Surgical error can therefore encompass procedures such as laser surgery and radiotherapy, as well as manual operations carried out by surgeons and negligent after-care.

You may be entitled to file a no win no fee surgical error claim if your injury or condition was caused by any of the following factors:

• Foreign bodies, such as surgical paraphernalia, being left inside the patient.
• Wrongful surgery, or the wrong kind of surgery being performed.
• Anaesthetic errors, leading to anaesthetic awareness or other complications.
• Damage to nerves, ligaments, tissue or muscle during surgery.
• Organ perforation during a surgical procedure (typically the lungs).
• Surgical errors during routine sterilisation/ vasectomy, resulting in unwanted pregnancy.
• Failure to obtain full consent for a surgical procedure
• Errors during a laser surgery procedure resulting in excessive scarring or burns.
• Poor surgery aftercare resulting in an SSI (surgical site infection).
• Infection caused by contaminated surgical apparatus or poor standards of hygiene.
• Failure to warn a patient of the risks/ side-effects of a procedure.

As with all medical professionals, both surgeons and hospital staff are bound by a legal duty of responsibility and care to patients, which requires them to ensure that a patient is fully aware of the risks associated with a procedure, obtain full consent prior to surgery, and ensure the patient receives the appropriate after-care. The CQC (Care Quality Commission) also sets out guidelines concerning standards of conduct and hygiene, by which surgeons are expected to adhere. Any failures which contravene these guidelines, and/ or result in patient injury can make that person liable for damages payable to the patient affected.

If you, or a member of your family have suffered due to any of the above failings, we strongly advise seeking counsel from an accredited surgical error claims specialist concerning your right to compensation. Supply a few brief details via the secure form provided, and one of our medical negligence solicitors will contact you at a time to suit to discuss your entitlement.

Common Reasons For Surgical Errors

There are strict regulations in the UK governing both the skills and qualifications required for every medical specialism in the UK, and a medical professional may only perform surgery after attaining a considerable amount of experience in his/ her field. Unfortunately, even the most experienced of surgical professionals can make mistakes; errors which are often attributed to working long hours, stress and emotional upheavals that are often part and parcel of the job. Some of the most common surgical error claims arise for mistakes prior to surgery, which then lead to the wrong surgery being carried out, or complications due to unknown pre-existing conditions. Errors during surgery are often borne by other factors too, such as complications with anaesthesia, issues with monitoring equipment and misdiagnoses of patient conditions.

Making a Surgical Error Claim

For surgical error claims to be successful, it is important your solicitor demonstrates that, not only has some form of negligence occurred, but that this negligence had some form of adverse effect upon the patient. Your solicitor will also need to prove that a competent medical professional wouldn’t have made the same mistake under such circumstances, and patient injury or suffering could therefore have been avoided.

Surgery MistakesPrior to making a claim, you will need to file a complaint with the hospital in which you were treated to ensure the matter is brought to the attention of the hospital board. Doing so in the early stages will likely prompt an investigation, and prevent the same thing happening again. Although you may receive a formal apology following the investigation, you will not necessarily be compensated by the hospital.
You may wish to proceed with a claim if your injury has led to financial difficulty or loss, or left you unable to return to work within a reasonable time period. If this is the case, you will need to consult with a medical negligence solicitor who will assess your case on its own merits, and advise you whether you have grounds for a compensation claim.

High Compensation for Surgical Error Claims

Our medical negligence solicitors have an ethical approach to the no win no fee scheme, and because our own costs are recovered from the other side, we never make deductions to any compensation recovered for clients. This means that if you do decide to pursue a claim with us, you can be confident that there will never be any fees chargeable for our time, and no deductions to any compensation amount awarded – ever!

If you’re not sure whether you meet our clinical error claims criteria, talk to one of our friendly legal specialists, who will be able to advise you of your eligibility based on an initial assessment of your case. Our services are free, and you won’t be obliged to continue with a claim based on the advice provided. Call our free helpline on the number above, or submit your enquiry online to arrange a call-back.