Surgeons Medical Negligence
When you enter hospital to undergo surgery, whilst you might think about it, you do not expect to leave the hospital as a victim of medical negligence as a result of the treatment that you have received. Why are there so many medical negligence claims nowadays? How many are there and what is being done to reduce them? This article explores these questions and more.
Medical Negligence Claims
Medical negligence claims accounts for the biggest growth industry in the healthcare profession over the course of the last 20 years. The compensation paid out amounts to approximately 10% of a National Health Service Trust's turnover, so clearly it is a significant drain on the NHS, so why is this? Surgery is always risky and surgeons negligence is a major part of this cost.
Reasons For Surgeons Medical Negligence
General surgeons are most likely to face a medical negligence claims, with an increased chance of a negligence claim of around 33% because they do not specialise in any one area of medical negligence alone. This means that they are more likely to make mistakes. However, general surgeons have declined in numbers over the years for this reason.
The main reasons that are likely to lead to a claim can include:
- Improperly performed surgery
- Unecessary surgical procedures
- Foreign bodies left in patients
- Delay in surgical procedures
In minor surgical procedures, such as endoscopy, flexible sigmoidoscopy or colnoscopy, the complications which might lead to a medical negligence claim can include:
- Perforation
- Bleeding
- Sedation
- Missed lesion
- Pancreatitis
Consent
Another reason that might lead to someone making a medical negligence claim is consent. All patients must give their consent to any surgical procedure, but there might be occasions when the consent was not properly obtained.
If the surgeon fails to properly explain the full nature of the procedure before asking the patient to provide consent, he may be negligent. Also, the consent must be in writing for it to be valid. A final reason that consent might lead to a medical negligence claim is a failure to fully explain the possible complications of the surgical procedure. If the patient signs the consent without fully understanding the possible complications, and the percentage of risk attached to the likely complication, this may be sufficient grounds to make a claim for compensation even if the surgery itself is not negligently performed.
Your Options
If you think that you have been the victim of a surgeon's negligence, you should seek advice from a medical negligence solicitor who will be able to review the procedure by looking at your medical notes both before and after the surgery, and explain the likely prospects of making a successful claim. You should be able to obtain the advice under a Medical Negligence No Win No Fee agreement. This allows you to make a claim safe in the knowledge that should you lose you will not have to pay the legal costs of the NHS Litigation Authority or your own solicitors costs. In most cases, your solicitor will often agree to pay for the medical evidence to support your claim, saving you the worry of financing the claim at an already stressful time.
Can We Help You With A Surgeons Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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