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After surgery, you should be on the road to recovery. If you develop an infection due to substandard care following your operation, it can significantly derail your progress and can place your health in severe jeopardy.
If this has happened to you or someone you love, we are here to help. For over 30 years we have handled numerous infection from surgery claims, securing the compensation and answers our clients deserve. Get your right to justice and the closure you need to move on.
Do you have an infection from surgery claim?
Infections can develop after surgery even if your healthcare providers do everything right. But, if it is due to substandard hygiene, or your doctors do not diagnose and treat it quickly enough, you may be entitled to make an infection from surgery claim.
From short-term illnesses that extend your stay in hospital, to conditions such as sepsis that threaten your long-term health. Whatever the consequences of your infection, we can help you secure damages for your injuries, and ensure those responsible for your suffering are held accountable.
The specialist infection from surgery claims solicitors for Essex & East Anglia
Since 1993, we have supported many claimants who developed infections after surgery, leading them to recoup thousands in compensation.
Our specialist infection from surgery claims solicitors will investigate every aspect of your case, providing compassionate advice at every step to a successful settlement. With 96% of our cases resolved out of court and a strict ‘no win, no fee’ guarantee, we are committed to giving you complete peace of mind at all times.
What does our infection from surgery claims process look like?
A free initial consultation
Call us, request a callback or complete our online form and we’ll assess if you have a valid medical negligence claim.
Funding your claim
Discover the ways we can fund your claim without you paying a penny at any stage of the process.
Investigating evidence
We gather medical records, witness statements and more to learn what happened to you and prove your claim.
Instructing independent medical experts
We work with impartial, experienced medical experts to establish whether your injuries were due to substandard medical care.
Valuing your claim
We assess your health and financial losses to accurately estimate how much compensation your claim is worth.
Presenting your case
We contact the Defendants and the Courts on your behalf to set out your allegations and receive a response.
Negotiating a settlement
We work to achieve a fair settlement for you outside the courtroom – this is how 96% of our cases end.
Preparing for Trial
If we must proceed to Trial, we fully prepare you for what to expect so you receive the right result in court.
FAQs about infection from surgery claims
How can an infection develop after surgery?
The world around us is teeming with germs and bacteria. When the skin is broken during an operation, microbes, viruses and bacteria can enter a wound and cause a patient to contract infections such as meningitis, MRSA and septicemia.
There are two common types of surgical site infections:
Superficial infections: These develop on the skin where an incision occurred, and usually only affect the surface layer of the skin.
Deep infections: These occur beneath the incision area, affecting a person’s organs, muscles and deeper tissue, making these more dangerous to a person’s health and welfare.
The signs and symptoms of an infection will depend on the specific infection that someone contracts. However, there are a few red flags that should demand a surgeon or another healthcare professional’s attention:
- A superficial infection on the skin might produce pus from the surgical wound, or be tender, painful, swollen or warm to the touch
- Deep surgical infections may cause painful abscesses to form, wounds to reopen or result in inflammation
How do I prove I have an infection from surgery claim?
If a healthcare professional fails to carry out appropriate infection control before, during or after your surgery, and causes an avoidable infection, this may be grounds to pursue an infection from surgery claim.
However, not every infection will be due to a negligent act. Sometimes nothing can prevent a patient from contracting an infection after surgery.
To determine whether negligence caused your illness, we will work with you to establish the three key elements needed for any successful medical negligence claim:
- A healthcare professional breached their duty of care toward you
- You suffered pain and suffering, injury, loss or damage during your treatment
- The harm you endured was directly related to the breach of duty
Cases of this nature are often complex, so our expert infection from surgery solicitors thoroughly investigate all available evidence, such as medical records and witness statements, to get to the bottom of your case.
We will also speak to impartial medical experts, such as infection control nurses and lab technicians, to get their professional opinion on whether you have a valid claim and to quantify the value of your compensation.
Our specialist legal advice is offered on a ‘no win, no fee’ basis. This means you will only pay your legal fees if we win your case, with our fees recovered from your settlement.
How can infection after surgery claim compensation help me?
Due to the range of outcomes that can occur from negligent infection control, the value of your settlement will depend on your unique circumstances and how your life has been affected.
For someone who has had to take additional leave from work to recover, the compensation they receive will cover any loss of earnings. For those left with more permanent and life-changing consequences, the compensation awarded can pay for:
- Adaptations around the house
- Carers, cleaners or additional support
- Psychological and physical therapies
- Ongoing mobility equipment
- Follow-up surgeries or treatments
Sadly, in some circumstances, an infection contracted after surgery can prove fatal. While no settlement can make up for such a devastating loss, the compensation awarded can ease the financial burden on a family in the weeks, months and years following this tragedy.
Those who may claim after the death of a loved one include:
- Those named as beneficiaries of the deceased’s estate in a will or entitled under intestacy law
- Those who fall into one of the categories of people entitled to claim a bereavement award under The Fatal Accidents Act 1976
- Those who were dependent on the deceased either for services or finances provided to them at the time of death, or had a reasonable expectation that they would become so dependent in the future
How long do infection from surgery claims take to settle?
In most circumstances, we expect an infection from surgery claim to take between two and five years to reach a final settlement. However, no two cases are the same, and it is impossible to immediately know how long a claim will take to conclude. Several factors can influence this, such as:
- The stance taken by the Defendants
- The availability of relevant medical experts
- The need for court proceedings
Entrusting your case to our specialist surgical negligence solicitors helps ensure that every step of your claim is handled efficiently and professionally. We know who to contact and what is required at each stage to make the claims process as streamlined as possible.
How long do I have to make an infection from surgery claim?
You typically have a three-year time limit from the date of your injury to make an infection from surgery. There are exceptions to this rule:
- Claimants under the age of 18 have until their 21st birthday to claim
- Claimants who are considered mentally incapable have no time limit to claim
If a loved one has died due to clinical oversight, their dependents have three years from the date of their death to make a claim, so long as the time limit had not already expired.
If the time limit has passed, we still encourage you to contact us about your circumstances. The court does have the discretion to allow a claim to be brought beyond this threshold.
Where do I start with a surgical infection claim?
We know how devastating it can feel to be let down by a healthcare professional. Whether this has happened to you, or someone you care about, the first step in starting your claim is to contact our lawyers at Gadsby Wicks.
We have decades of experience in infection from surgery claims, and devote the necessary time and resources to fully investigate your claim. We also work closely with trusted, impartial medical experts.
- We offer our legal advice on a ‘no win, no fee’ agreement
- We are authorised and regulated by the Solicitors Regulation Authority
- Our law firm has been committed to medical negligence since 1993
- Our in-house medical professionals assist with legal cases
If we believe you have a legal case, our specialist surgery claims solicitors work with you to ensure that you receive the closure, compensation and justice you and your family deserve.
Contact our expert infection from surgery claims solicitors
If you or a loved one suffered an infection after surgery and would like to speak to someone about your options, our team is here to listen and advise you on your next steps.
Lexcel accredited medical negligence claims solicitors
We are proud to be a Lexcel-accredited practice. The accreditation is a mark of quality and comes directly from the Law Society.
A recent assessment described us as a “Centre of Excellence” and we continue to operate to the highest standards across all main areas of our field. These include client care, case management, financial management, structure and strategy, people management, risk management, information management and file management.
Industry Recognised