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Medical Negligence

Surgery Errors and When to Claim Compensation

Surgery Errors and When to Claim CompensationSpeak to a legal specialist is you or a loved one are struggling with the consequences of an error during the course of a surgical procedure.

Errors in surgery

Errors in surgery can prove extremely costly, both to the patient and to the NHS. The patient may suffer long term symptoms, necessitating care or struggling to work. They may require further costly surgery. And the relevant medical practitioner or health facility may face a claim for compensation.

Large numbers of surgical procedures take place across the NHS on a daily basis, most of them highly successful and skilfully undertaken. Occasionally, however, an error is made, and the patient suffers as a result.

Where their symptoms and associated difficulties and financial losses are found to have been the result of the medical negligence, it may be appropriate to make a claim for compensation.

Surgical procedures can take a wide variety of forms affecting every part of the body. The potential for an error to occur is not inconsiderable.

Examples of how surgery can cause unanticipated damage to the patient could include the following:

  • Unintentional damage to a nerve during surgery
  • The occurrence of a 'never event' such as the use of an incorrect implant or carrying out a procedure to the wrong part of the body
  • An error of positioning of the patient during surgery leading to nerve problems or compartment syndrome
  • A failure of infection management around a surgical procedure
  • Accidental damage to the bowel, leading to a perforation
  • Accidental damage to other structures close to the surgical site

When to claim compensation

A patient is legally entitled to make a claim for compensation when negligent medical care has caused them to suffer an adverse outcome which would not have been the case with a better standard of care. Claims are associated with a three-year deadline and a thorough investigation in to the patient's care and the impact of any negligence on their health, well-being and quality of life needs to be undertaken prior to this deadline.

So, if you think that either you or a love done have suffered from an error in surgery, it is important to speak with a legal specialist at the earliest possible moment.

Having analysed your medical records, they will assess the impact on you and the financial losses which you have suffered.

Legal advice

If you are thinking of making a claim, contact Glynns Solicitors, specialists in medical negligence law, for a free initial consultation.

Please call us free on 0800 234 3300 or complete our Online Enquiry Form.

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