General Surgery Claims
Surgery, whether for something minor or more serious, requires a high level of skill and care. If errors are made, it can have a devastating impact, including the potential to be fatal. If you or a loved one have been the victim of surgical negligence, claiming compensation is often essential to help you deal with the consequences and allow you to move on.
General surgery negligence claims can be complicated, however, with a high standard of evidence needed to establish grounds for compensation. The assistance of experienced medical negligence experts is therefore necessary to ensure you are able to build a strong case from the outset.
Wolferstans’ medical negligence lawyers have many years of specific experience with surgical negligence claims, with a strong track history of successful claims resulting in substantial compensation for our clients.
We have the expertise to ensure all of the right details are uncovered, allowing us to clearly establish the facts of the case and the basis for your claim. Our experience means we can very accurately value your claim, helping to avoid any danger of you settling for less than you may truly be entitled to.
Our team is highly skilled in non-confrontational dispute resolution, meaning we can almost always achieve an out-of-court settlement, saving you time, legal fees and a lot of stress. However, where court action is required, we can ensure you have the very best representation available to help secure the right outcome.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 648896.
Our surgical negligence claims service
We help clients throughout England and Wales to claim compensation for all types of surgical negligence, including:
- Injury caused by surgical errors
- Operating on the wrong part of the body
- Unnecessary amputations or organ removals
- Leaving surgical equipment in the body after surgery
- Negligent surgical aftercare
- Post-surgical infections
How general surgery negligence claims work
Our clinical negligence lawyers offer expert guidance every step of the way for general surgery negligence claims, helping to keep the process as simple and stress-free as possible.
A typical general surgery claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding a general surgery compensation claim
When considering claiming compensation for surgical negligence, cost should never be a barrier to moving forward. We are committed to ensuring that anyone with valid grounds for a claim has the opportunity to pursue it, so will ensure we find a funding option that works for you.
Generally, what this means is that we will work with you on a ‘no win, no fee’ basis, also known as a conditional fee agreement. This means you do not need to pay anything up front to start a claim and will only need to contribute towards your legal costs if your claim succeeds.
The fees for a successful claim will then be based on a percentage of the compensation awarded, meaning you will always keep the majority of any settlement secured.
Alternatively, you may want to consider a legal expenses insurance-funded surgical negligence claim. This type of cover often comes as an optional extra with home insurance policies, bank accounts and credit cards. You may therefore want to check whether you have this type of cover before starting a claim.
To discuss your options for covering the cost of a general surgery claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in general surgery negligence claims
We have many years of experience supporting clients with all types of general surgery claims, giving us the expertise you need to ensure your case is handled effectively and that you have the best possible chance of winning compensation.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Common questions about general surgery claims
This will vary depending on the situation, although typically you will have 3 years to make a claim. This may be counted either from when the negligence occurred or when you became aware of it e.g. when later examined by another doctor.
Exceptions to the standard 3-year time limit include:
- For claimants under 18 – their parents, guardians or other representatives will have until the claimant turns 18 to bring a claim. If this is not done, the claimant will then have 3 years once they turn 18 to bring their own claim.
- For claimants without the mental capacity to bring a claim – there is no time limit for someone else to bring a claim for them.
- For claims with respect to someone who has died following surgical negligence – the representatives of their estate will have 3 years from the date of death to bring a claim, as long as the death occurred within the original 3-year time limit.
Working out which time limit applies can be complicated, so it is strongly recommended to consult a specialist medical negligence lawyer no matter how much time has passed.
The two main factors that affect the amount of compensation you can claim for surgical negligence are the level of injury caused and the impact this has on your life.
Typically, this will be divided into two types of damages:
Special damages for specific financial losses incurred up to the date of settlement. This will normally cover things like the cost of private follow-up treatments costs, purchasing special equipment and lost earnings if you have to take time off work.
General damages for non-financial losses (e.g. pain & suffering and lifestyle changes) plus foreseeable future financial losses and expenses (e.g. on going treatment and care, not being able to go back to work etc.).
Where someone has died due to surgical negligence, the representatives of their estate and dependants may be able to bring a compensation claim.
If the negligence was not immediately fatal and the deceased had already started a claim of their own, it will normally be possible for those same representatives to continue the claim.
Further information about surgical injury claims
For more information about general surgery compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a general surgery negligence claim with us today
To arrange a free initial no obligation consultation and find out more about starting a general surgery claim:
To arrange your consultation please contact the new client team on 01752 292204