Compensation for Negligent Surgery
Successful surgery can transform a patient's life for the better. Unfortunately, surgery can sometimes go catastrophically wrong and transform the patient's life for the worse. In such circumstances, it may be appropriate to make a claim for compensation.
Surgical negligence
According to figures published by the NHS, orthopaedic surgery and general surgery combined have accounted for more than 20% of the clinical negligence claims made against the service over the past two years. These specialties would include hip and knee replacements, as well as spinal surgery and surgery for conditions such as bowel cancer, breast cancer and kidney transplants.
These figures represent over 2,000 compensation claims for negligence per year.
Forms of surgical negligence
Negligence which might have a significant impact on the patient and justify a compensation claim can come in many different forms.
- In the past year over one hundred 'Never Events', occurred in the NHS. This may be wrong site surgery or where a foreign object is left inside the patient following their surgical procedure. Sometimes the impact of this is minimal but on other occasions, the physical impact can be dramatic causing significant damage to the patient
- Poor management of a surgical procedure (before, during and after) may result in the patient developing an infection. With luck this may resolve promptly and entirely, but it can sometimes prove to be a necrotising soft-tissue infection which can cause traumatic physical damage to the patient or trigger a sepsis response threatening the life of the patient
- The surgery itself may be of a poor quality or involve the use of inappropriate techniques or materials which cause on-going problems to the patient
- The patient may suffer unintended additional damage during surgery such as a bowel perforation which can, once again, threaten the patient's life if peritonitis and sepsis ensue.
- The position in which the patient is placed during surgery also requires close attention, especially if the surgery is expected to be of long duration. A failure to consider this aspect of the patient's experience can leave the patient with compartment syndrome or blindness due to restricted blood flow
The impact of surgical negligence
The effects of significant surgical negligence can prove devastating to the patient possibly causing physical, psychological and financial damage.
The physical impact can be wide-ranging depending on the nature of the surgery and the type of damage caused, whether it be spinal damage or a bowel perforation. The patient may be disabled and struggle with mobility for life. They may suffer pain, incontinence, cognitive difficulties or blindness.
If a patient develops a severe infection or sepsis due to a failure in the course of their surgery, it is also possible that they will die as a result, causing a dramatic effect on their loved ones and dependants.
The psychological impact of surgical negligence, caused by the shock of suffering negligence as well as having to cope with the nature of their unexpected problems can, likewise, be severe. Patients can suffer depression and anxiety as well as becoming socially isolated due to their medical problems.
Where the effects of surgical negligence render the patient unable to work or requiring significant assistance with daily tasks, the financial impact can be dramatic. Patients whose mobility has been significantly impacted by their negligence may require specialist or, at least, single-storey accommodation.
Claiming compensation for surgical negligence
Here at Glynns we have supported numerous clients in making compensation claims for surgical negligence. From 'never events' to bowel perforations to incorrect surgery, infections and diathermy burns, we have helped patients who have suffered negligence to gain a sense of justice and financial recompense.
If you or a loved one are suffering severe, long-term problems due to a significant failing in surgical care, contact us today to talk to a specialist medical negligence solicitor.
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