London solicitors here to help with your surgical negligence claim
Most people will find the idea of having surgery extremely stressful and, as with any medical procedure, having surgery does come with inherent risks. However, when mistakes are made, or something goes wrong that could have been avoided, the effects can be life-changing.
Surgical negligence can arise in numerous different ways, for example through the use of faulty or misused instruments, a lack of training, or a simple lack of communication.
Some common claims include:
- anaesthetic awareness
- cosmetic surgery complications
- failure to obtain informed consent
- nerve damage
- organ damage
- spinal surgery complications
- urological or gynaecological complications
- wound infection
We understand that making a surgical negligence claim can be a daunting process, and it can be difficult to know where to start. This is where our solicitors come in.
Helping you to get the facts about surgical negligence
Our specialist teams are able to provide you with the support, guidance and advice needed to bring a successful claim. We take the time to get to know you personally, to ensure that we can provide the most individually tailored service to every client. We will also use our specialist knowledge of surgical claims to ensure that every avenue is pursued.
Active and consistent communication is at the heart of what we do. Medical issues are often very sensitive, and we will always make sure you always know exactly what is going on with your case and what the next steps are.
We will work with you and leading independent medical experts to ascertain exactly what happened during your surgery, whether any complications occurred that should not have done, and whether this caused you to suffer an otherwise avoidable injury.
How much compensation can you receive?
No two surgical negligence cases are the same. The amount of compensation you will be able to obtain for a claim depends on a variety of factors, including any pain and suffering that you endured and any financial loss both past and future. If your surgery was performed privately, there is an added potential claim of breach of contract which would, if successfully argued, produce another avenue for compensation. This would be something your lawyer would discuss with you if it was appropriate in your case.
Compensation is made up of two parts:
- General damages – this is compensation for your pain, suffering and effects on your everyday life. The court will determine the amount by looking at the Judicial Studies Board Guidelines and the amounts awarded in recent similar cases.
- Special damages – this includes things like any financial losses you’ve incurred or will incur in the future, including loss of earnings or other income, travel expenses and other costs that we can show were caused by the negligence.
All compensation must be proved to be a result of the alleged negligent medical treatment. If the link cannot be proved, then the court won’t award any damages. As the claimant, it is your responsibility to prove each and every aspect of your claim, including your entitlement to general and special damages.
How long will it take?
It depends on a number of factors – for example, whether your opponent is denying there was a fault, whether you need further treatment, whether the case needs a medical expert, and whether the case needs to go to Court. Your solicitor will be able to let you know how long it should take.
Most simple cases should be dealt with within 18 to 24 months. Although complicated claims can take longer, it is very rare for any new case to take more than three years.
How do you pay for a claim?
There are three ways you can fund a claim. The most common one is when we enter into a ‘no win no fee’ agreement, which is also known as a Conditional Fee Agreement (CFA). Alternatively, you could be eligible for Legal Aid, or you might have a legal expenses insurance policy that you could use, even if you might not know you have it.
The main thing to note is that if your case is viable, we can always find a way to fund it, and we will choose the way that best meets your needs. We’ll do everything we can to keep the costs down – people often finding that bringing a claim costs them nothing. Find out more about ways to fund your claim.
We are committed to achieving the best possible outcome for each of our clients. We instruct high-quality experts at every stage of the process in order that we can ascertain your individual medical needs and argue your case accordingly.