Medical advancements have undeniably improved countless lives. However, even the most skilled procedures carry inherent risks. When things go wrong due to a medical professional’s failings, it can be devastating. Fortunately, the law in the UK provides a pathway to seek justice through surgical negligence claims.
While the vast majority of surgeries are successful, understanding your rights and the claims process empowers you to seek compensation for surgical errors if you’ve suffered due to medical negligence.
In this article, we’ll offer an overview of surgical negligence and the process to follow should you be considering seeking compensation as a result.
What is Surgical Negligence?
Surgical negligence occurs when a medical professional breaches their duty of care towards a patient, resulting in harm. This “duty of care” refers to the standard of care a reasonably competent professional would provide in similar circumstances. A breach could involve:
- Operating on the wrong body part
- Using faulty equipment
- Failing to obtain informed consent
- Performing surgery for the wrong reason
- Leaving surgical instruments inside the patient
It’s important to distinguish negligence from inherent surgical risks. All procedures carry some level of risk, which patients are typically informed about beforehand. However, if a surgeon deviates from the expected standard of care and this deviation causes harm, it may constitute negligence.
Recognising Potential Surgical Negligence Claims
Not every negative outcome following surgery automatically translates to negligence. Here are some signs that might warrant further investigation:
- A significant deviation from the expected course of treatment
- Lack of informed consent
- New or worsening medical problems
- Permanent disability or scarring
If you suspect negligence, keep detailed records of your medical history, communication with healthcare providers and any additional expenses incurred due to the complications.
The Claims Process for Compensation
Making a surgical negligence claim can feel daunting, but a medical negligence solicitor can guide you through the legal process. Here’s a simplified overview:
Gathering Evidence: This involves collecting your medical records and opinions to support your claims and documenting your injuries and losses.
Contacting a Solicitor: Seek a solicitor specialising in medical negligence. The initial consultation is usually free, and many work on a “no win, no fee” basis.
Pre-action Procedures: Your solicitor will likely attempt to resolve the claim directly with the healthcare provider through a formal complaint or mediation.
Court Proceedings: If an out-of-court settlement isn’t reached, the claim may proceed to court.
Compensation for Surgical Negligence
The aim of compensation is to put you back in the position you would have been in had negligence not occurred. Recoverable losses may include:
Pain and suffering: Compensation for physical and emotional distress caused by the negligence.
Loss of earnings: If your injuries prevent you from working or limit your earning capacity.
Medical expenses: Costs associated with treating the complications arising from negligence.
Care costs: Compensation for future care needs if your injuries result in a permanent disability.
