Surgical Injury claims

Any type of surgery, whether minor or more serious, must be handled with a high degree of care and precision before, during and after the procedure. Mistakes can result in a very negative long-term impact on the patient’s health and major surgical errors can even result in the death of the patient.

If surgical negligence has resulted in harm to you or a loved one, claiming compensation is often the only way to unlock the funds needed to deal with the health and lifestyle consequences. Such claims can be complicated and contentious, so expert legal advice is needed from the outset when making a claim.

Wolferstans’ medical negligence solicitors have a strong track record of success with surgical negligence claims, having secured substantial damages for our clients, both in and out of court.

Our experience and expertise mean we can provide a realistic assessment of your claim’s strength and its likely value at the outset, then build your case in the right way from day one. With our skilled and compassionate support, we can help you achieve a fair outcome with the minimum possible strain on you and your family.

Thanks to our team’s exceptional skills in negotiation and non-confrontational dispute resolution, we can usually resolve claims outside of a court hearing. This not only make things easier on you, it also typically allows us to resolve claims faster and at lower cost.

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 648881.

Our surgical negligence claims service

We work with clients throughout England and Wales on a wide range of surgical error compensation claims, including those related to:

  • Negligent delays in surgery being carried out
  • The wrong surgical procedure being carried out
  • Accidental damage to blood vessels, nerves and organs
  • Carrying out unnecessary surgery due to a misdiagnosis
  • Failure to obtain informed consent for a procedure
  • Anaesthetic negligence
  • Objects left inside patients during surgery
  • Post-surgical infections

Read about some of the cases we have successfully pursued in relation to surgery error claims.

How surgical negligence compensation claims work

Our clinical negligence lawyers offer clear, compassionate guidance through every step of the claims process, helping to make it as easy as possible for you.

A typical surgical errors compensation 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 negligent surgical errors compensation claim

If the potential cost of pursuing compensation is putting you off finding out more about starting a claim, we would like to assure you that we offer funding options to suit all circumstances. As long as we believe you have strong grounds for a claim, we will find an option that works for you.

Conditional fee agreements offer the simplest way for many of our clients to fund their claims. Also known as ‘no win, no fee’ agreements, this approach means you only have to pay your legal costs if we win compensation for you.

It therefore costs you nothing at the outset to start a claim and if your claim is not successful, you will not need to contribute towards your costs. Where we do win compensation, your costs will be based on a percentage of the damages secured.

Legal expenses insurance can be a viable option for covering the cost of a surgical negligence claim where available. This type of cover is frequently offered alongside home insurance policies, as well as with some bank accounts and credit cards.

To discuss your options for covering the cost of a surgery errors claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in surgical injury claims

Our clinical negligence team have extensive experience with surgical error claims, having secured substantial compensation for our clients over the years. That experience means we can build your case effectively from day one, ensuring no detail is missed and that every possible angle is explored, so you have the very best chance of achieving a fair outcome.

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.

Read our client testimonials.

Common questions about surgery error claims

If you have been the victim of surgical negligence, you will typically have 3 years to make a compensation claim. This time limit is usually dated either from when the negligence occurred or when you became aware of it, depending on the situation.

However, there are circumstances where alternate time limits may apply, in particular when making a claim on behalf of someone else. Knowing when a different time limit may apply can be complex, so it is strongly recommended to speak to a member of our team no matter how much time has passed.

Examples of times when a different time limit may apply include:

  • If the claimant is under 18 – Their parents or guardians will have until the child turns 18 to make a claim for them. Once the child turns 18, they will be able to bring their own claim up until their 21st birthday.
  • If the claimant lacks the mental capacity to bring a claim – There is usually no time limit for someone else to bring a claim for their benefit.
  • If someone has died due to surgical negligence – The representatives of their estate will usually have 3 years from the date of death to bring a claim.

Your claim’s value will depend on various factors, including:

  • The severity of the injuries suffered
  • The effect of those injuries on your life
  • Any specific costs you have incurred as a result of your injuries

Compensation for surgical negligence will typically be divided into two types of damages:

Special damages – Covering specific financial losses incurred up to the date of settlement. This could include paying for private treatment, buying special equipment and replacing earnings lost as a result of having to give up work.

General damages – Covering non-financial losses e.g. compensation for pain and suffering and lifestyle changes, plus expected future financial losses and expenses e.g. paying for ongoing care and compensation for any long-term effect on your career.

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.

Further information about surgery error claims

For more information about surgical error 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 surgical error claim with us today

To arrange a free initial no obligation consultation and find out more about starting a surgery negligence claim:

To arrange your consultation please contact the new client team on 01752 648881.