Unnecessary surgery can be a traumatic and stressful ordeal. We place immense trust in medical professionals to provide the appropriate level of care, so it can feel overwhelming when something goes wrong.
If you have experienced harm due to surgery that was not medically necessary, you may not know how to move forward. This guide will provide you with the knowledge you need to start a claim for surgery negligence compensation. The money awarded could help to lessen the financial impact of your suffering, allowing you to focus on your recovery and regain control over your life.
Firstly, we outline the eligibility requirements for starting a medical negligence claim. Additionally, we examine common causes and how the compensation award is measured. Furthermore, we outline the process with information regarding time limits and the evidence that could lend support to your compensation claim.
Finally, we explain the services that our panel of experienced solicitors offers to assist with medical negligence claims. These are provided on a No Win No Fee basis, which is a great way to proceed without worrying about the financial pressure of paying for your solicitor’s representation.
You can reach out to an advisor today for more information. They can let you know if you are eligible to proceed and provide an estimate of how much your compensation could be worth. This advice is free of charge and does not obligate you to use our services going forward, so why not enquire today?
- Call on 0800 408 7825
- Contact us online
- Use the live chat on this page
Browse Our Guide:
- Am I Eligible To Claim Compensation For Surgery Gone Wrong?
- Common Causes Of Surgery Claims
- How Much Compensation Can I Claim For Wrong Or Unnecessary Surgery?
- How To Claim Surgery Compensation
- Why Trust Public Interest Lawyers With Your Surgery Negligence Compensation Claim?
- More Information
Am I Eligible To Claim Compensation For Surgery Gone Wrong?
The eligibility requirements for claiming surgery negligence compensation include:
- A medical professional who owed you a duty of care
- The breach of their duty
- An injury that you have suffered as a result
All medical professionals owe a duty of care to the patients they treat. The General Medical Council (GMC) outlines responsibilities and provides resources to help doctors uphold it. Medical professionals must meet a minimum standard of care when treating you, so if they do not meet this and you suffer injury, you may be able to sue a doctor for negligence.
Common Causes Of Surgery Claims
Claims for surgery negligence compensation involve cases where the patient suffers harm unnecessarily. Keep reading to learn about different scenarios where this could occur.
Unnecessary Surgery
Unnecessary surgery refers to any cases where surgery was not an absolute medical requirement. For example:
- You have surgery to mend a broken wrist bone, but you were not informed of other non-surgical options that were available. You must give informed consent when receiving surgery, which you cannot provide if you are not aware of alternative treatments.
- You have surgery to remove one of your kidneys. However, the doctor failed to read your medical records to learn that you already had a kidney removed.
Surgery Errors
Errors can occur during surgery, which results in you suffering harm. For example:
- A medical professional fails to monitor your oxygen levels while you are under anaesthetic, resulting in a lack of oxygen to your brain. You suffer a seizure as a result
- You have sterilisation surgery that is performed incorrectly. As a result, you experience an ectopic pregnancy, which requires further surgery. This causes both physical and psychological harm.
- You could start a cosmetic surgery claim if a surgeon left a foreign object inside you after a breast augmentation.
Surgery As A Result Of Misdiagnosis
You may also receive surgery due to a misdiagnosis. This means that you suffer unnecessary harm due to surgery that you do not require. It can also mean that your treatment will be delayed if you are suffering from another condition. Examples include:
- Your doctor mixes up your test results with those of another patient, resulting in an oesophageal cancer misdiagnosis. You undergo the wrong surgery and have your oesophagus removed.
- A doctor misdiagnoses you with having kidney stones because they read your CT scan incorrectly. You have surgery to remove your kidney, which was unnecessary.
- You are misdiagnosed with testicular cancer. This results in surgery to remove your testicles, which causes complete infertility. You later discover that you did not have cancer and did not need the surgery.
If this section did not include your experience of negligent surgery, you do not need to worry. This is not an exhaustive list, so get in touch with our advisors to discuss further. They can let you know if your compensation claim is eligible for surgery negligence compensation and advise you on how to proceed.
How Much Compensation Can I Claim For Wrong Or Unnecessary Surgery?
In the table below, we have included some figures from the Judicial College Guidelines (JCG). These combine compensation amounts with different severities and types of injury. They provide a guide for compensation figures, but they do not give any guarantee of the amount of compensation you could receive.
We recommend that you contact an advisor to receive a more accurate estimation of the compensation that you could receive. As we will outline later in this section, there are many factors to consider when assessing your compensation. They can offer a free initial consultation detailing the specifics of your claim for surgery negligence compensation and tailoring their advice to your circumstances.
Please note that the first figure was not taken from the JCG.
| Type Of Injury | Severity | Compensation Figures | Notes |
|---|---|---|---|
| Multiple injuries with financial impact | Severe | Up to £500,000+ | Combination of injuries with costs incurred |
| Brain | Moderate | £183,190 to £267,340 | Results in change to personality, intellectual deficit and no employment prospects |
| Bowels | Total loss of natural function | Up to £183,190 | Involves use of a colostomy bag and age of claimant may impact compensation. |
| Arm amputation | Loss of one arm | Not less than £167,380 | Amputation of arm at the shoulder |
| Male reproductive system | Total impotence and loss of sexual function | £140,220 to £181,020 | Factors include age, pain and whether the person has children already |
| Chest | Total removal of one lung and/or serious heart damage | £122,850 to £183,190 | Claimant suffers permanent scars and prolonged pain |
| Leg amputation | Below-knee amputation of one leg | £119,570 to £162,290 | Bracket considers factors such as age, phantom pains and associated psychological problems |
| Kidney | Significant risk of urinary tract infection or total loss of kidney functioning | Up to £78,080 | Injury will result in future medical costs |
| Female reproductive system | Permanent sexual dsyfunction | £52,490 to £124,620 | Those impacted would not have had children anyway or already have them. Upper end of bracket includes serious medical complications |
How Compensation Is Calculated
Surgical negligence compensation is split into two heads of claim. The first of which is general damages. These cover the pain and suffering that has arisen from negligent surgery, as the table above refers to.
Special Damages In Medical Negligence Claims
You may also receive special damages. These cover costs you may have incurred due to your experience of harm, such as:
- Medical expenses
- Travel expenses made when travelling to/from medical appointments
- The cost of professional care
- Payments made for home adjustments
- Lost income/earnings due to recovery
You can contact our team with any enquiries about how compensation is determined. They can enquire about your injuries and the financial impact you may have experienced, allowing them to better assess your claim.
How To Claim Surgery Compensation
Now that you have learned about the eligiblity for medical negligence claims and the assessment of compensation, you may wish to know about the claim process. Keep reading for further information.
Gather The Evidence You’ll Need
You will need to supply evidence that supports your compensation claim. This could include:
- Payslips or bank statements
- Medical records
- Contact details of anyone who witnessed your symptoms or treatment
- A diary outlining your symptoms, the treatment received and its impact on your health
You may also need a Bolam test to assess your case. This is where a panel of medical professionals with the relevant training assess whether medical negligence occurred.
Time Limits For Starting A Claim
The Limitation Act 1980 determines that most medical negligence claims must start within three years from the date that negligence occurred or when you became aware of the negligence.
However, time limits may differ for claims involving those who are:
- Under the age of eighteen
- Incapacitated in line with the Mental Capacity Act 2005
You can reach out to an advisor if you would like further advice on time limits for surgery negligence claims.
Making A No Win No Fee Claim
You can start a No Win No Fee claim today with a solicitor from our panel through a Conditional Fee Agreement (CFA). This would mean that you do not need to pay legal fees for your solicitor’s work:
- Before your claim proceeds
- While your claim is underway
- If you do not receive surgery negligence compensation
However, if compensation is awarded, you would need to pay a success fee. This is the percentage of your compensation taken to cover your solicitor for their work. A legal cap is in place to ensure that you take home most of your compensation total under this fee arrangement.
Why Trust Public Interest Lawyers With Your Surgery Negligence Compensation Claim?
Our panel of medical negligence lawyers are experts in their field. In addition to the excellent No Win No Fee agreement, they can offer you help with:
- Negotiating on your behalf to get you a fair amount of compensation from the defendant
- Corresponding with the defendant to represent your interest
- Filing the claim within the legal time limit
- Collating the evidence that will lend support to your claim
- Explaining legal definitions and processes that you may be unsure of
If you would like to enquire about any of these services or wish to check your eligibility to claim surgery negligence compensation, get in touch today. Our team of expert advisors can assess your case and offer an estimate for the amount of compensation you could receive. Furthermore, there is potential to connect your claim to an experienced clinical negligence solicitor who can help with your surgery claim:
- Call on 0800 408 7825
- Contact us online
- Use the live chat on this page
More Information
Visit our other helpful guides:
- Learn about Prescription error claims
- Find out about claiming for an overdose
- Read about how to claim for an injury caused by a chiropractor
Further resources:
- Visit the Care Quality Commission’s webpage outlining the standard of care
- Read the NHS advice for claimants
- Take a look at the Pre-Action Protocol for clinical disputes
Thank you for reading our guide on how to claim surgery negligence compensation.
