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Operation Injury Claims

Suffered an injury due to operation negligence?

In the UK, most surgical procedures are carried out without error, but if you’ve been injured during an operation, either as a result of medical negligence, or surgical error, you could be eligible to make an operation compensation claim.

An operation claim falls under medical negligence claims. When you go into hospital for a routine operation, you put your faith in the hands of medical professionals. You expect them to provide you with a level of care that means you don’t come out worse than when you went in.

The NHS is one of the best healthcare systems in the world but it does not mean that it is immune from human error and sometimes things go wrong before, during, and after an operation. Even in the most experienced surgical hands, mistakes can happen in the blink of an eye, the consequences of which can be long lasting and leave lives devastated.

If you suffered harm during an operation and you have been left in pain with injuries, in discomfort, or with long term health complications, you may be entitled to make an operation claim. This includes recouping any costs incurred through having to undergo further treatment because of someone else’s mistakes, as well as compensation for pain and suffering associated with your experience.

So, if you have been a victim of operation negligence, you may be eligible to claim for compensation. To find out more about making an operation negligence claim, get in touch today for free with a legal adviser on 0800 234 6438. If they believe you have a case, they will partner you with expert medical negligence solicitors who have helped numerous people secure compensation, and will take on your case on a no win no fee agreement.

What are operation claims?

In the simplest form, operation claims arise as a result of operation negligence, which is when a patient who is undergoing a surgery is injured or their existing condition is made worse, during the course of the operation.

While all surgeons and medical professionals have a duty of care toward their patients, before, during and after an operation, sometimes things are missed and mistakes happen.

  • Perhaps the doctor failed to adequately assess the patient before surgery.
  • Maybe the surgeon made a surgical error.
  • Or it could be the post surgical care wasn’t up to an acceptable standard and you suffered as a result.

If you have been injured during an operation and it wasn’t your fault, but due to someone else’s negligence, get in touch with a legal expert today who can help you get your operation claim started.

Find out more about making surgical error claims.

Types of operation claims

You could be eligible to make a claim if the medical professionals looking after you during your operation:

  • Failed to get your informed consent prior to surgery
  • Failed to make you fully aware of all the risks of your operation and didn’t provide you with viable alternatives to the surgery
  • Failed to diagnose medical conditions before the operation took place
  • Made an error in diagnosis that led to an inaccurate treatment plan or inappropriate surgery
  • Left foreign objects inside of you
  • Operated on the wrong body part or performed unnecessary surgery
  • Caused an infection due to poor hygiene
  • Did not administer the correct dose of anaesthetic

What is informed consent?

Prior to medical treatment, medical professionals have a duty of care to provide patients with all the information and facts about the medical procedure or surgery they’re about to undergo, including the risks, or any viable alternatives to the surgery.

By explaining everything clearly and in detail to patients, medical professionals can ensure that the decision to go ahead with the surgery lies totally with patient as they are armed with the all the knowledge they need and are capable of giving their informed consent.

When patients are aware of all the risks with the surgery, they can then give or withhold consent with regards to the surgery, no matter the risk that decision may pose.

If you’re concerned that you signed a consent form prior to having the surgery, don’t worry, signing the consent form is not considered conclusive evidence, in court proceedings, that you fully understood what you were signing.

To determine if negligence has occurred, the court will look at all the events leading up to the surgery, for example, your medical notes that outlined why you were undergoing a medical procedure in the first place.

Medical negligence claims

Medical negligence is a failure to provide adequate care by a doctor, nurse or other medical professional. It can include failing to diagnose an illness, misdiagnosing an illness, or providing the wrong treatment.

To find out more about making a medical negligence claim, get in touch with a legal expert today on 0800 234 6438. If they believe you have a claim, they’ll partner you with expert medical negligence solicitors who will act on your behalf to get you the compensation payments you deserve.

Surgical error claims

When a surgeon makes a mistake during surgery, it can have serious side effects for the patient. The patient may be left in pain and suffering due to their injuries, but what’s more distressing is that they will have to live with this accident for the rest of their life.

There are many types of surgeries that can result in medical negligence including:

  • Knee replacement surgery
  • Hip replacement surgery
  • Hernia surgery
  • Breast surgery errors
  • Wrong site surgery

Surgical negligence claim

If you have suffered an injury as a result of a surgical error, then you may be able to claim compensation. A surgical error can be caused by a number of things – such as a lack of care or attention, or a lack of skill.

In some cases, this may lead to an infection which could cause further problems downstream. A surgical error can also result in unnecessary pain and distress for the patient, as well as financial loss if they’re unable to work due to their injuries.

Consequences of negligent surgery

Surgical errors can cause long-term health problems, pain, infections, and emotional trauma. These injuries can result in financial costs that you will have to bear if they are not compensated for by the negligent surgeon and/or healthcare provider.

  • Pain and suffering
  • Long-term physical impairment
  • Loss of income or earning capacity

How to make a claim against a medical practitioner who has caused you injury or harm after an operation

It is important to remember that if you have suffered an injury or harm because of an operation, it is unlikely that the medical practitioner will be responsible for the full cost of your claim. The NHS Litigation Authority usually has a duty to compensate patients who were harmed by negligent surgery. In these cases, however, there are limits on how much compensation can be claimed.

For example, if the doctor was at fault for any aspect of the operation itself – such as performing surgery where there was no need for it – then you may be able to claim compensation from them personally.

However, if their negligence caused other complications during or after your operation then this would not make them liable for paying damages for those additional injuries directly; instead you must claim against the NHS Litigation Authority as described above.

To help you get started with the claims process, speak to a legal advisor for free today on 0800 234 6438. If they believe you have a claim to make, they’ll put you in touch with personal injury solicitors who are medical negligence experts.

Can I claim compensation for operation negligence?

If you have suffered an injury as a result of someone else’s negligence before, during, or after your operation, you can make a claim for operation negligence.

The NHS and medical care it provides is of the highest standard, but when this fails, victims can suffer and are entitled to compensation. However, to make a successful claim, you have to prove that your surgeon or other medical professionals made a mistake, or were negligent before, during, or after your operation, and that this mistake or negligence resulted in your personal injury.

To prove negligence, you will need to show that the surgeon or medical professional made a mistake, and that the mistake resulted in your injury. In order to establish that your injury was the result of someone else’s mistake or negligence, you will potentially need:

  • Evidence that a mistake was made, and had that mistake not been made, you wouldn’t have suffered an injury
  • Oversight of the circumstances surrounding the procedure e.g. your full medical history
  • Evidence of negligence e.g. the doctor didn’t perform or document certain tests or procedures before starting your surgery
  • Evidence that the surgeon didn’t perform up to the standard expected of a medical professional

How much compensation could I claim?

While your final compensation award will be determined on a case by case basis, it will be based on the severity of your injuries and the impact they have had on your quality of life, as well as any costs you’ve had to cover as a result of your injuries.

Your compensation claim will fall into two categories:

General damages – this compensation covers intangible losses such as pain, suffering and emotional distress caused by your injuries.

Special damages – this compensation covers specific losses such as medical expenses and financial losses.

Time limits for submitting a formal claim

Like most personal injury claims, there is a time limit on how long you have to make a claim. In the case of making an operation claim, you have three years from the date of the surgery, or three years from the point you realised that you were injured as a result of the operation to make a claim.

There are of course exceptions to this rule, for example if the patient was under the age of 18, they have three years from their 18th birthday to make a claim. In the even surgery has left someone without the mental capacity to make a claim, there is no time limit for them to claim.

Claim compensation on a no win no fee basis

If you’ve been injured as a result of medical accidents, surgical complications, or anything else pertaining to your operation, either before, during, or after, and it wasn’t your fault, contact a legal advisor on 0800 234 6438 today and begin your operation claim today.

Making an operation claim can be a slightly more complex process than making other personal injury claims, but with specialist lawyers helping guide you through the process, you will be supported the entire time.

Please note that before you can make a claim, you have to first make a formal complaint to the hospital or healthcare provider where your operation was carried out. Again, your expert legal team will assist you with this.

And what’s more, they’ll work with you on a no win no fee basis, meaning there is no financial risk to you because it won’t cost you a penny if you lose.

To find out more about how to make operation claims, call 0800 234 6438 for a free initial consultation with a legal advisor and get your claim started today.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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