All surgery carries a risk. This could be due to operations being incorrectly performed, or an underlying complication being aggravated by the surgery.
Surgical Error claims are guided by the court's Clinical Negligence Pre-action Protocol which sets out a code of good practice which parties should follow when litigation might be a possibility.
If you are able to show that your treatment fell below a reasonable standard, and that this caused you harm, you will be entitled to claim compensation for:
- General damages - this includes an award for pain and suffering and loss of amenity i.e. loss of value to life and enjoying the things you once enjoyed doing.
- Special damages - these are 'out of pocket' expenses and include, for example, loss of earnings, travel expenses, care costs, equipment and any future treatment and care costs.
Initial Process Overview
- Initial instructions taken
- Case assessed for strengths and weaknesses
- Reviewing whether you have Legal Expenses Insurance
- Conditional Fee Agreement (CFA) of 'No win, No fee' signed
- Medical records obtained
- Expert's report obtained
- Determine whether you have a case to pursue
- Letter of claim
- Attempt to settle the claim
- If cannot settle, Issue of court proceedings
We will do our utmost to ensure that your case succeeds as quickly as possible and before the need for a trial.
However taking a clinical negligence case to court can take some 12-18 months from the issue of proceedings to reach trial. You can be assured that we will keep you updated throughout the length of your claim.