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Surgical Error Compensation Claims

If you, or a member of your family, has suffered a personal injury due to a surgical error, you may be able to make a medical negligence compensation claim. Our personal injury solicitors are experts in this field, with a wealth of experience in claims for surgical errors.

Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for sympathetic, cost free advice from an expert lawyer.

Surgical Errors
Types of Surgical Error
Making a Clinical Negligence Claim
Medical Negligence Compensation
Successful Claims for Surgical Mistakes
Useful Links

Surgical Errors

Many of us will, at some stage, have to entrust our health to medical professionals and sometimes this involves undergoing surgical procedures. Most operations are performed to a high standard by competent surgeons without any problems.

This is not true of every case however and each year many patients suffer unnecessary harm due to surgical errors. Sometimes the damage caused is repairable and does not give rise to any long-term effects, but in other cases the negligence can result in permanent disability or even a fatality.

A surgical error can occur for a variety of reasons, for example poor surgical technique, faulty equipment or defective monitoring machinery.

All operations naturally carry with them a certain level of risk and there are also specific risks of each different procedure. Therefore not every case where there is a problem during or following an operation is due to surgical negligence. Any risks should be carefully explained to a patient before the procedure goes ahead however, so that they can make an informed choice about having surgery and the possible complications that could arise. Failure to do this could constitute negligence in itself.

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Types of Surgical Error

Some of the more common types of surgical error include:

• Foreign bodies such as swabs and surgical equipment left inside the patient
• Accidental perforation of organs, particularly during keyhole procedures
• Operations performed on the wrong body part or organ
• Incorrect procedures carried out
• Failed sterilisation or vasectomy
• Surgical injuries to nerves, tissues and blood vessels
• Damage to bile ducts during gall bladder removal
• Errors in cosmetic surgery
• Complications with laser eye surgery, due to incorrectly set equipment, inexperienced practitioners or errors in technique
• Errors with anaesthesia, such as anaesthetic awareness
• Excessive scarring, for example in breast reduction operations
• Complications with a hysterectomy
• Issues with informed consent
• Burns caused by diathermy when safe procedures are not followed
• Injuries and nerve damage caused by incorrect positioning of a patient in theatre

It is also important that surgical patients receive the correct post-operative care, to avoid other potential complications such as avoidable infections, haemorrhage, blood clots and pressure sores.

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Making a Clinical Negligence Claim

In a clinical negligence claim it is important to show not only that there has there been negligence on the part of the surgeon or practitioner involved, but also that this has caused some form of injury to the patient.

It is also necessary to prove that no reasonable practitioner would have acted in the same way under the circumstances and that the outcome would have been different had the correct treatment been administered.

You may wish to make a complaint to the hospital or practice initially, to ensure that the matter is noted and looked into. This may prompt an explanation, or perhaps even a change in procedure to try and prevent future occurrences, however it is unlikely to result in an offer of compensation.

It is therefore important to seek advice from a specialist medical negligence lawyer, who can examine the facts of your case, collate the necessary evidence and advise you on the best way to proceed.

You must remember that time limits apply and court proceedings have to be commenced within three years of the harm done or the date when you could reasonably have found out that things had gone wrong.

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Medical Negligence Compensation

There are two elements to a compensation award. The first, general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to do DIY, drive or play sports). The award for loss of amenity can be for a short period after the medical incident or for ever if that is what the medical evidence supports.

The second element of a surgical error compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the medical incident had never occurred. It is important to keep receipts for any expenditure you have related to your injury so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

In the case of a fatality, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.

An award in a clinical negligence case is based on the negligent treatment effects that you would not have had if the treatment had been a success. In addition there will be information available on previous awards in similar cases. Very often, clinical negligence cases are settled out of court.

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Successful Claims for Surgical Mistakes

For details of just some of the many clinical negligence cases handled by our expert lawyers, visit our news and success stories sections or follow the links below:

The Legal Line Solicitors Recover £30,000 Damages for Personal Injury Caused by Surgery Complication

Clinical Negligence Compensation for Discharged Soldier

Hull Hospital Patient Secures Compensation for Clinical Negligence

Stuart’s Story

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Useful Links

If you believe you may have been a victim of a surgical error, the following sites may be of some assistance to you for information purposes:

General Medical Council (GMC)

Healthcare Commission

NHS Patient and Liaison Service (PALS)

Department of Health

British Association of Aesthetic Plastic Surgeons (BAAPS)

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