Surgery Compensation Claims

If there have been mistakes during your surgery which has caused you injury, pain and suffering, you can claim compensation.

We have found that surgery compensation claims are most commonly made for:

• Organ damage that has happened during surgery
• Nerve damage that has happened during surgery
• Surgical instruments being left inside a patient after surgery
• Brain damage as a result of surgery that has gone wrong
• Wound infection caused by incorrect hygiene on the part of the surgeon
• Failure to obtain proper consent for all parts of the procedure
• Unwanted consciousness during surgical procedure
• Issues with gynaecological surgery
• Urological damage

This is not an exhaustive list.

If you want to find out if you can make a surgery compensation claim then get in touch. We will provide you with the expert advice you need on a no win, no fee basis.

If there is proof that mistakes were made during your operation, then you will likely be able to make a claim for compensation. A surgery compensation claim involves being able to prove clinical negligence.

Within the officially recognised guidelines, there are ‘four D’s’ of medical malpractice. These are:

• Duty
• Damages
• Dereliction (negligence)
• Direct Cause

It must be proved that all of these four elements were present in order for a claim to be made against a medical institution or individual.

There is also a time limit, known as a ‘limitation period’, on the process. This means that you will most likely have 3 years from the date of the alleged medical malpractice – in this case the date of your surgery.

Because of the difficult nature of this kind of case, there are a number of different things that would need to be considered when calculating your compensation for a surgery compensation claim. These are:

• The extent of your injuries that were a result of an avoidable mistake during surgery
• What your overall medical prognosis is
• Whether you have sustained a loss of earnings sue to a surgical mistake

The process of surgery compensation claims can be complicated, so it is always a good idea to get the professional help of a trained medical negligence solicitor.