All surgery carries a risk of error. This could be due to operations being incorrectly performed, surgical errors being made or an underlying complication being aggravated by the surgery.
Surgical mistake 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 surgical errors 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 surgical mistakes 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 surgical errors claim.
What is Surgical Negligence?
A surgical mistake can happen because a procedure was carried out negligently, with errors including such cases as:
- Performing an operation on the wrong part of a patients body
- Performing an unnecessary procedure
- Leaving a foreign object such as a surgical sponge inside a patient's body
- Administering the wrong type/dosage of anesthesia