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        Surgical Error Claims

        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.
        surgery

        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.

        Want free initial advice?

        Call us on 0800 019 3460 or enter your details and we'll call you!

        Thank you! We will be in touch as soon as possible to discuss your claim.