Surgical Negligence And Surgical Error Compensation Claims Solicitors

When can I claim compensation for a surgical error?

You can claim compensation for errors made in surgery if you can prove that the surgeon or any healthcare professional involved was negligent and this caused you harm.

To successfully claim, you must prove that there was a breach in the expected duty of care and that this caused you to suffer illness or injury or made an existing condition worse.

In most cases, you will have up to three years from the date the surgery took place.

Your legal rights to claim compensation are the same whether an NHS surgeon or a private healthcare provider operated on you.

Our medical negligence claims solicitors have extensive experience in surgical error and surgical negligence claims, securing millions of pounds in compensation for our clients.

With our dedicated focus on non-confrontational dispute resolution, we aim to reach a settlement without needing you to go to court. This makes the claims process easier for you and means we can resolve your claim faster and at a lower expense.

How much compensation can I claim for surgical negligence?

The amount of compensation you can claim for surgical negligence will depend on your specific claim.

In most cases, compensation amounts are higher the more severe your illness or injury is and the long-term implications it may have on your life.

The level of compensation you may receive will depend on several factors, including:

• The severity and type of injury you have suffered due to the surgical errors
• The level of pain and suffering you have experienced and may continue to experience
• Your medical costs to date, and the cost of ongoing medical treatment, and the care you may need
• Your loss of earnings, including future earnings
• The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred. It is not to punish the healthcare provider.

How is compensation calculated for a surgical negligence claim?

Compensation amounts for surgical negligence are calculated in two parts: general damages and special damages.

General damages are awarded for the level of pain, suffering and loss of amenity, sometimes known as PLSA. Compensation amounts awarded will consider how your illness may affect your daily activities, including socially, domestically and at work.

In contrast, special damages are awarded for any reasonable financial losses or “out-of-pocket” expenses directly related to your illness.

Compensation for special damages is particularly significant for those with more severe conditions, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

• Any loss of income or pension
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.

What is the time limit to make a surgical negligence claim?

You have up to three years to start your claim from the date of the surgery or when you first became aware that errors during your surgery caused your injury or illness or negatively impacted an existing condition.

However, there are some exceptions to the three-year limit. These include:

• Children have up to three years from their 18th birthday to start a claim
• If a person is unable to claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they are able to claim for themselves.

The three-year time limit to claim compensation is known as the statute of limitations. It applies to all types of medical negligence claims.

We recommend that you start your surgical negligence compensation claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

What do I need to prove when making a surgical negligence claim?

To successfully claim for surgical errors, you will need to prove that the medical professionals involved in your surgery breached their duty of care and that this caused your injury or illness.

To do this, our medical negligence solicitors will examine four key areas relating to the medical care you received relating to your operation.

Duty of care

All healthcare professionals are legally required to provide a “reasonable” level of care to their patients. The first step is to discover if the level of care you received fell below the accepted standard.

Breach of duty

Proving that the medical professional failed to provide the legally required level of duty of care.

Causation

Proving that the actions of the healthcare professional were the cause of your condition or injury.

Damages

Providing evidence that the negligence has negatively affected your life.

What information do I need to provide to start a surgical negligence claim?

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn’t limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received leading up to and including your operation.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had.

As your legal representative, we will then combine this information with information from independent medical experts and build the strongest case possible for you to receive the maximum amount of compensation you are legally entitled to.

Can I make a no win no fee surgical negligence claim?

Yes, you can make a no win no fee claim if you have suffered surgical negligence. Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace
of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

How long do surgical negligence claims take?

The amount of time your surgical negligence claim may take to settle will depend on how complex the case may be.

Typically, medical negligence claims, including surgical negligence claims, can take over 18 months to settle. In cases where liability is accepted quickly, claims may settle earlier than this.

As each claim is unique, unfortunately, there is no simple answer. However, our specialist medical negligence solicitors will be able to advise you on how long your claim may take once they start to understand the specifics of your claim.

Can I make a claim for surgical negligence on behalf of someone else?

Yes, you can claim on behalf of someone else. The most common examples include:

• Claiming for a child – Children cannot legally claim themselves until they reach the age of 18. Commonly known as a “litigation friend,” a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.
• Claiming on behalf of someone with diminished mental capacity.

If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Do you need to go to court to claim compensation for surgical errors due to negligence?

In most cases, the answer is likely to be no as the majority of medical negligence claims are resolved out of court, either through negotiation or alternative dispute resolution.

The standard claims process involves attempting to find a solution through these methods before court proceedings are initiated. Even if proceedings have begun, there will still be an opportunity to secure a pre-trial settlement through further negotiation and non-confrontational approaches.

However, in those rare cases where you do need to attend a court hearing, we have the experience and expertise required to help you achieve the right outcome. We have strong links with specialist barristers and other professional experts, so can ensure you have the very best representation available.

Why choose Wolferstans to make your claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.