Surgery 'Never Events' and When to Make a Claim
If an error in the course of surgery leaves a patient suffering a worse outcome than should have been the case with an appropriate level of care, the patient is entitled to claim compensation for the consequences insofar as they have been caused by the negligence.
'Never events' in surgery
A 'never event' in the course of surgery is an occurrence which, simply put, should never have happened. This is pretty rare but, nevertheless, does occasionally happen and the consequences can be disastrous.
A surgical 'never event' can relate to a variety of events including carrying out surgery to the wrong part of the body, using the wrong implant or unintentionally leaving a surgical item in place inside the patient following surgery.
The distressing and debilitating consequences of such events can be easily imagined. Where surgery has been carried out on the wrong site, further surgery will inevitably be required and the long-term physical integrity of the patient may have been permanently compromised by such an event. Where a surgical item has been left inside a patient, this has the potential to cause further damage and long-term disability.
Claiming compensation
Bear in mind that compensation claims for medical negligence need to be issued with a court within three years of the date of the alleged negligence. For example, if a patient has suffered from negligent surgery in February 2022, their claim needs to be commenced by February 2025. Before that deadline, the patient's medical care will need to be investigated by the best medical experts in order to assess when and how the negligence occurred and its impact on the patient.
A successful claim will take account of the impact of the negligence on the health and quality of life of the patient. As well as the patient's pain and suffering, the claim will incorporate the financial consequences of the negligence such as a loss of income if the patient's ability to work has been compromised. If the patient now requires personal care or support which would not have been necessary but for the negligence, these costs would also be taken into account.
Speak to a legal specialist
If you believe that you may be entitled to make a claim, speak to a lawyer who specialises in this complex field of law.
Glynns is a dedicated medical negligence legal practice with a team of experienced solicitors. Contact us today to talk to a solicitor, free of charge, about the possibility of making a claim.
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