The surgical error claims process can seem confusing, but it doesn’t have to be. In this guide, we’ll explain everything that you need to know about making a medical negligence claim.
We’ll start by defining medical negligence and talking about when you could potentially make a valid claim. Then, we’ll discuss how surgical errors can happen and how these could be caused by the negligent actions of a surgeon.
Our guide will also answer some frequently asked questions surrounding the medical negligence claims process, including what you should do following a surgical error, how long you have to make a claim, and who you can claim against.
A lot of people ask us how much compensation they could get for their claim. We’ll discuss how compensation is calculated in medical negligence claims and what it could cover if your claim succeeds.
And finally, we’ll talk about No Win No Fee agreements. Specifically, we’ll talk about how our expert solicitors can help you without taking any upfront or ongoing fees for their work.
Contact Us
Our team of advisors are here to help. If you’d like to find out how one of our solicitors could help you make a medical negligence claim, or if you want to learn more about the claims process, contact us today by:
- Starting your claim online
Browse Our Guide
- What Are Surgical Error Claims?
- What Surgical Errors Could Lead To A Claim?
- How Long Do You Have To Claim For A Surgical Error?
- What Should You Do After A Surgical Error?
- Who Do You Make Surgical Error Claims Against?
- How Much Surgical Negligence Compensation Could You Receive?
- Can You Make A Surgical Error Claim On A No Win No Fee Basis?
- More Useful Resources About Claiming For Medical Negligence
What Are Surgical Error Claims?
So, what are surgical error claims? When you’re admitted to a hospital to undergo surgery, you expect a certain level of care. This is because your surgeon owes you a duty of care, and they need to provide treatment that meets a minimum standard.
To make a claim, you need to prove that a medical professional breached their duty of care, and this caused you to suffer avoidable harm. Together, these factors come together to form medical negligence.
The Royal College of Surgeons of England sets out standards and guidance for surgeons, and explains the steps they need to take to fulfil their duty of care. Other medical professionals, like doctors and nurses, will have different steps that they are expected to take, but they still need to make sure that their care meets a minimum standard,
To learn more about how a surgical error could be caused by a surgeon’s negligent actions, read on. Or, you can get in touch with our team to find out if you could be eligible to make a surgical error compensation claim.
What Surgical Errors Could Lead To A Claim?
There are many different kinds of surgical errors that could cause you harm, including:
- Wrong site surgery: This is when surgery is performed on the wrong body part. For example, if you were scheduled to have your right leg removed, but they removed the left instead.
- Foreign objects: Leaving foreign objects in the body after surgery, like towels, a sponge, or even a scalpel, can have significantly negative consequences on the patient.
- Lack of skill: A surgeon should never perform a surgery that they are not adequately trained or skilled enough for. If your surgeon performed a surgery that they did not have the skills for and made a mistake that caused you harm, you could potentially make a claim.
These are only a few examples of how surgical error claims could occur. Keep reading to learn more, or get in touch today to get started.
How Long Do You Have To Claim For A Surgical Error?
You’ll usually have three years to start a surgical error claim, as per the Limitation Act 1980. You don’t need to finish your claim during this time; you just need to make sure that you start proceedings. This can start on either the date of your surgery or on the date that you connect the harm you have suffered with surgical negligence.
However, there are some exceptions to the three-year rule. For example, those under the age of 18 can’t make their own claims, so the time limit doesn’t apply until their 18th birthday.
At any point up until them, a litigation friend can claim on their behalf. Otherwise, the time limit starts when they turn 18, and they can make their own claim between then and their 21st birthday.
To learn more about the exceptions, or to find out if you are within the time limit to make a claim, contact our team today.
What Should You Do After A Surgical Error?
One of the most important steps you can take after suffering harm from a surgical error is collecting evidence. The right kinds of evidence can help to make sure that your claim is as strong and supported as possible.
If you choose to work with a medical negligence solicitor, they can provide assistance in collecting evidence such as:
- Photographs: Pictures of visible harm, like stitches on the wrong site, can be used to prove your claim.
- Witness statements: Nurses, other surgeons, or a chaperone can provide their statements to a professional.
- Symptoms diary: Keeping a symptoms diary that details how you’ve been harmed can help illustrate the effect that it has had on you.
- Medical records: Your medical records should detail things like medications administered and diagnoses made, and these can detail the actions of your surgeon.
Your case might also be set to the Bolam test. This is when a panel of experts in the field, in this case surgeons, will review the actions of your surgeon and form a report on whether or not they acted negligently.
Contact our team to find out how one of our solicitors can help with surgical error claims.
Who Do You Make Surgical Error Claims Against?
When you make a surgical negligence claim, you don’t claim against the surgeon or doctor directly. Instead, if they were an NHS professional, your claim will be made against the NHS trust that they work for.
If you are claiming against a private healthcare provider, then you can make your claim against the surgeon, the hospital they work for, or the company that operates the hospital, depending on the circumstances of your case. To learn more about who you can make surgical error claims against, contact our team today.
How Much Surgical Negligence Compensation Could You Receive?
Surgical error claims can result in two heads of compensation. The first is general damages, which all successful claimants receive. Under this heading, you can claim medical negligence compensation for the pain and suffering you’ve undergone as a result of the surgical error.
This covers both physical and psychological injuries, as well as loss of amenity, which means loss of enjoyment. For example, if a surgeon amputates the wrong leg, you may be unable to enjoy previous hobbies like hiking.
When professionals and solicitors value compensation under this heading, they’ll often refer to the Judicial College Guidelines (JCG). This is a document that has an extensive list of physical and psychological injuries and illnesses, providing notes and guideline compensation amounts for each one.
In the table below, you can see some examples of these figures. Please be aware that these are only guidelines, and the first entry hasn’t been taken from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple serious instances of harm, with special damages. | Up to £1,000,000+ | Multiple severe instances of harm that come with severe financial losses, like lost earnings. |
| Very Severe Brain Damage | £344,150 to £493,000 | There is little to no language function or response to the surrounding environment. |
| Moderately Severe Brain Damage | £267,340 to £344,150 | There is a very serious disability, and a need for full-time professional nursing care. |
| Total Blindness | In the region of £327,940 | Complete loss of sight. |
| Total Incontinence | Up to £224,790 | Total loss of bowel and urinary functions with other medical effects. |
| Spleen Injuries a) | £25,380 to £32,090 | A continuing risk of infection caused by loss of the spleen. |
| Female Reproductive Injuries a) | £140,210 to £207,260 | Infertility and sexual dysfunction with pain and depression. |
| Male Reproductive Injuries c) | £52,490 to £108,310 | Permanent impotence and sexual dysfunction in someone with children. |
| Scarring | In the region of £10,550 | Scarring from an exploratory laparotomy that finds no internal injuries. |
| Scarring | £2,890 to £9,560 | A single scar or multiple smaller scars that cause some cosmetic deficit. |
Can You Claim For The Long-Term Impact Of Surgical Negligence?
Surgical negligence can have a number of long-term effects, especially when it comes to your finances. If you suffered financial losses like lost wages because of surgical negligence, you could potentially claim them back under the second head of claim: special damages.
This heading could help you reclaim the cost of:
- Prescriptions
- Cosmetic aids
- Mobility aids
- Childcare
- Housekeeping
- Professional nursing care
- Private healthcare
To learn more about the different heads of claim that you could be eligible for, contact our team today. Or, read on to learn about making surgical error claims on a No Win No Fee basis.
Can You Make A Surgical Error Claim On A No Win No Fee Basis?
Our solicitors could help you make surgical negligence claims on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). This allows you to claim surgical negligence compensation with their help, without having to pay a fee for their work either upfront or as the claim is ongoing. In fact, if your claim fails, then you won’t be asked to pay for their work at all.
If it succeeds, then you will pay a success fee to your solicitor. They take this themselvse from your surgery claim compensation, but the percentage that your solicitor can take is limited by law. This helps to ensure that you keep the majority of what you get.
Contact Us
Our team of helpful advisors are on hand to answer any questions you might have about the surgical negligence claims process. They can also tell you whether or not you could have a valid claim, and could potentially connect you with one of our specialist medical negligence solicitors.
To get started, you can get in touch by:
- Starting your claim online
More Useful Resources About Claiming For Medical Negligence
To learn more about making a medical negligence claim:
- Learn how to make a GP negligence claim with our guide
- Get help with making a fatal medical negligence claim with our guide
- Advice on how to make a misdiagnosis negligence claim
Or, for more helpful resources:
- Information from the NHS on having surgery
- Make a complaint about a service provider through the Care Quality Commission (CQC)
- Search for a doctor on the General Medical Council’s register
Thank you for reading our guide to surgical error claims.