If you have had an operation that has not been performed adequately, this can cause further complications, in which your condition may be worse as to when you were originally treated.
If your treating doctor has acted negligently when carrying out your surgery, then you are entitled to claim for any injury they have caused you.
If your surgery has been negligent, you can make a claim with us.
How Can We Prove That The Operation Has Not Been Properly Performed?
Although there is always an element of risk when undergoing any surgical procedure, your doctor has a duty of care to
- Advise you on treatment which is part of an accepted practice within the medical profession
- Consider all relevant courses of action in advising you on your treatment
- Advise you of all of the relevant risks associated with the advised treatment
- Carry out your treatment with reasonable care and skill
Failure to comply with these duties may be an indication that your doctor has acted negligently.
Surgeries Where You Could Claim Compensation
We could help you make a compensation claim if your surgeon made errors during a range of surgeries, including
- Cosmetic surgery
- Amputation surgery
- Anaesthetic treatment
- Eye surgery
- Gastroenterological surgery (bowel, stomach, intestines)
- Gynaecological surgery
- Spinal surgery
When Should I Make A Claim?
As with all personal injury claims, claimants have a period of three years to commence court proceedings in their claim.
This three year ‘limitation period’ usually begins from the date on which the injury was caused, or the date on which the claimant became aware that they have suffered an injury as a result of negligence.
Time is therefore an important factor, and so if you believe that you may have suffered an injury as a result of surgical negligence, we advise that you contact us as soon as possible to make a no-obligation free enquiry.
How Do I Make A Surgical Negligence Claim?
If you believe that you have suffered an injury as a result of surgical negligence, Michael Lewin Solicitors can help you recover compensation.
You have three years from the date of injury to bring a claim. However, often you will not be aware of the negligence until a later date. In this situation you will have three years from the date you knew or ought to have known that you had suffered an injury and that it was a result of negligence.
Where a child is injured, they will have three years from their 18th birthday to bring a claim.
Each case is different depending on the facts and merits. Due to the complex nature of these types of cases, they can take up to five years (and sometimes much longer) before a case is settled.
As advised above, it is difficult to say how much the claim is worth from the outset as we will require expert medical evidence to fully assess the extent of your injury. Once we have the medical evidence, we will be able to accurately value your case using the guidelines.
If you would like to speak to one of our advisors to discuss your case or ask any questions, feel free to call us on 0113 200 9787.
Surgical Negligence Claims FAQ's
What Are The Risks Of Surgery?
Depending on the level of risk your surgery entails, we can help you make a claim if you were not warned about the possible risks of your procedure, or if your surgeon made an error which led to unnecessary pain.
Here’s the following types of surgery where complications are more likely to occur.
- Gynaecological surgery – excessive bleeding, deep vein thrombosis (blood clotting), injuries to other organs, hernia and infections
- Amputations – heart complications, blood clots, infection, pneumonia, phantom limb pain, psychological problems
- Anaesthetic – nerve damage, allergic reactions, death
- Orthopaedic surgery – excessive bleeding, infection, inflammation, damage to nerves or spinal cord
- Ear, nose and throat surgery – deafness, breathing difficulties, infection, excessive bleeding
- Gastroenterological surgery – injuries to adjacent organs, infection, thrombosis, heart difficulties
- Heart surgery – excessive bleeding, damaged arteries, heart attacks, brain related problems, infection
- Ophthalmological surgery (eye) – dry eyes, vision loss, visual symptoms (halos, glares, sensitivity)
- Urological surgery – infection, injury to adjacent organs, urinary control issues (incontinence), erectile dysfunction
- Neurosurgery (brain) – bleeding in the brain, impaired speech, vision and coordination, blood clotting, brain swelling, comas, infection, seizures, stroke
- Vascular surgery – infection, bleedings, failed or blocked grafts, strokes, heart attacks, leg swelling, brain impairment, impotence
What Constitutes As Being Negligence?
Unfortunately, surgeons sometimes make mistakes during surgical procedures, meaning your problem may not be corrected efficiently and you may actually be left with further injuries. Michael Lewin Solicitors are here to help and if this has happened to you; you are eligible to make a claim if your surgeon:
- Performed the wrong operation
- Didn’t inform you of risks of surgery
- Caused nerve damage
- Operated on wrong body part
- Left foreign objects in the body
- Stitched the wound incorrectly causing infection
- Did not check suitability for surgery
- Failed to provide sufficient or/ any post-operative advice
- Injected too much/little anaesthetic
- Caused infection due to poor hygiene
- Injured nearby organs
How Common Can Surgical Error Be?
Statistics from the NHS show each year, approximately 4.6 million hospital admissions in NHS England trusts require surgery. This does not take into account surgical operations in private hospitals and clinics.
Compensation claims can range from unexpected outcomes, including: damage to internal organs and infection caused by poor hygiene, to insufficient anaesthesia and unacceptable levels of scarring.
Get In Touch Today
It’s easy to find out whether you have a claim for Surgical Injuries. Simply contact our team of specially trained solicitors and legal professionals by calling 0113 200 9787 or email us at firstname.lastname@example.org.
Michael Lewin Solicitors have a specialist team dedicated to helping their client’s secure compensation for medical misdiagnosis. We run most of our claims under the terms of a conditional fee agreement (commonly referred to as a no-win-no-fee agreement), meaning that we won’t charge you a penny upfront.