Surgical Negligence Claims Solicitors

Numerous instances can lead to a surgeon or another healthcare professional making an error during an operation:

• A loss of concentration at a crucial moment could result in cutting a nerve or blood vessel
• The surgeon might mistake landmarks and structures, resulting in them performing unnecessary surgery on the wrong part of the body
• The surgeon may fail to double-check that they have performed an action correctly, or assume that it has been performed correctly
• There may be a failure to monitor a patient’s heart rate and breathing
• The anaesthetist may use too much anaesthetic, putting the patient’s health at risk, or too little, which could result in anaesthesia awareness

If these mistakes result in the pain and suffering of the affected patient, they may be entitled to make a surgical negligence claim for compensation.

A negligent surgery claim case can arise when a surgeon's error(s) during a procedure is something that no reasonable surgeon in the same position would have made. This must be determined on a case-by-case basis, as several factors may influence if a mistake made during surgery is reasonable.

For instance, in several types of abdominal procedures or weight loss (bariatric) surgeries, a surgeon must perform actions ‘blind’, through touch alone. In these circumstances, it may be considered reasonable if they mistakenly damage a nerve, blood vessel or organ.

However, if the surgeon responsible does not recognise this risk, and the affected area is not monitored post-surgery to check if anything did go wrong, this could lead to a negligence claim should the patient become unwell or suffer further injury.

In another example, if a patient is overweight and undergoing their fourth abdominal surgery, it may be more justifiable if damage is caused to surrounding structures compared to someone undergoing their first abdominal surgery.

As surgical negligence claims solicitors, we engage with impartial surgeons, working in the same field as the Defendants, to determine whether they failed in their duty of care towards their patients.

We understand that the claims process can be difficult to navigate, so we are always transparent about what you can expect.

Our expert lawyers are with you every step of the way, and we commit the time and resources necessary to fully investigate your negligent surgery claim. We will examine all available evidence to determine if your medical care was substandard, including:

• Medical records
• Claimant statements
• Witness statements
• Complaint correspondence
• Independent medical opinion

We have a database of independent surgeons with relevant medical and legal knowledge to help us determine whether your surgeon’s actions were unreasonable and directly responsible for your pain, suffering or loss.

We will also speak to relevant medical experts to establish how much your situation has changed compared to if your surgery was performed correctly. This will play a key role in quantifying the compensation you deserve.

We can provide this help under a ‘no win, no fee‘ agreement – you only pay if we win your case. Our payment is recovered from the settlement you receive, and we never ask you to pay anything at any stage of the claims process.

The scope of potential outcomes following a surgical complication is vast. At its most minor, a mistake could result in a longer stay in hospital, a need for stronger painkillers, more prominent scarring or additional procedures.

However, the consequences of a surgical error can be significant or permanent and life-altering. A patient may be left paralysed as a result of nerve damage inflicted during surgery, or becoming very unwell due to ongoing internal bleeding that is not addressed post-surgery. They may need to make dramatic changes to their lifestyle, home, work and social life, or require frequent therapies or treatments to support their quality of life.

An example of the repercussions of surgical complications is the case of Mr F. Following a knee arthroscopy to investigate knee pain, Mr F felt tightness and pain, and blood ran down his leg when he stood up.

He was discharged after a tighter bandage was applied, but several days later his leg had become increasingly painful, hot and swollen. On examination at A&E, the leg was found to be purple and investigations revealed an arterio-venous fistula and a DVT in the posterior tibial and peroneal veins.

Following treatment, Mr F now has to take Warfarin for life and he is left with restricted movement in the knee. Moreover, as a self-employed builder and kitchen fitter, he suffered substantial financial losses.

Mr F’s claim was settled before trial for a total of £130,000. The compensation awarded following a successful surgical complication claim can cover a wide variety of costs, including (but not limited to):

• Future procedures
• Annual check-ups and scans
• Ongoing therapies
• Home and vehicle adaptations
• Mobility equipment
• Long-term care requirements
• Loss of income
• Travel expenses

In the unfortunate event that a patient dies as a result of negligence during surgery, those who depended on the deceased financially, or benefited from services they provided for free, may be entitled to claim compensation.

In most cases, we expect a surgical negligence claim to take between two and five years to reach a final settlement. This is dependent on the stance taken by the Defendants, and how long it takes for medical experts to establish an accurate prognosis.

During the wait to settle, if the Defendants have admitted liability or there is a high likelihood that the Defendants will be found liable, a claimant can potentially apply for interim payments.