Claiming Compensation for Wrong Site Surgery
If the long-term impact of wrong site surgery causes significant problems for the patient, it may be appropriate to make a claim for compensation.
What is wrong site surgery
The term 'wrong site surgery' refers to a surgical procedure which is carried out on the wrong part of a patient's body, or even carried out on the wrong patient. This is what is referred to as a 'never event' because, if the correct procedures are followed and checks carried out, it should simply never occur.
During the twelve months to the end of March 2020, there were 226 occurrences of wrong site surgery within the NHS.
The majority of these related to a wrong site block or the removal of the wrong tooth, but there were also examples of biopsies being taken from the wrong site, injections being given in the wrong eye and a colonoscopy being carried out on the wrong patient.
The impact of wrong site surgery
Inevitably the impact of wrong site surgery will depend on what has occurred and the situation and health of the patient. For some, the effect may be minimal. For others, it may have a significant impact. It will almost inevitably mean that the patient will have to undergo a second procedure - in the correct location. Of course, all surgical procedures carry some risk and to have undergone a procedure entirely unnecessary could be problematic.
Of course, if the error is not recognised immediately, the procedure which should have taken place will remain unfulfilled and the patient may suffer from their continued condition.
Medical negligence and compensation
A 'never event' such as wrong site surgery would be regarded as medical negligence. Other never events include leaving a foreign object inside a patient after a surgical procedure, using an incorrect implant or prosthesis in a procedure, and incorrect administration of medication.
If an occurrence of wrong site surgery has a significant impact on a patient, causing long-term debilitating difficulties, it might be appropriate to make a claim for compensation.
A successful claim can take into account any financial losses, such as loss of income, caused by the negligence.
Legal advice
Compensation claims for medical negligence are complex and require the expertise of a specialist lawyer. Glynns Solicitors is a specialist medical negligence legal practice with a team of experienced solicitors. Contact us if you or a loed one are suffering the effects of a never event such as wrong site surgery.
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