All surgery carries a risk of error, however, some mistakes can be considered negligent and result in the patient enduring serious physical and mental damage.
Although the majority of surgeries are completed successfully, there are some occasions where avoidable mistakes do happen, which is referred to as medical negligence.
Some surgeries that more commonly lead to errors and surgeon negligence include hip replacement, fracture repairs, cosmetic surgery, spinal surgery and foot/ankle/knee surgery.
This is due to the nature of the body part/surgery and relates to some of the common types of surgeon negligence claims we see.
Types of surgery claims
Some common types of surgeon negligence claims include:
If you wish to make a claim relating to any of the above, or a different type of surgery claim, the Medical Negligence Solutions team are specialists in this field.
We offer a free initial consultation to discuss your unique circumstances and make an assessment as to the validity of your claim.
If we feel you have a high chance of success, we will be able to represent you on a no win no fee basis, meaning there is no financial risk to you.
If you do not win, you do not pay legal fees.
What are some common examples of negligent surgery?
A surgical mistake can come in a variety of forms, including:
Performing an operation on the wrong part of a patient’s body
Performing an unnecessary procedure
Leaving a foreign object, for example, a surgical sponge, inside a patient’s body
Administering the wrong dosage or type of anesthesia
Using the wrong surgical instruments
Do I have a surgery mistake claim?
Surgical mistake claims are guided by the court’s Clinical Negligence Pre-Action Protocol, which sets out a code of good practice to follow when litigation might be a possibility.
The purpose of this is to avoid involving the Courts and reach a mutually-agreed settlement.
Regardless on whether your claim is settled in or outside of Court, you are entitled to make a claim when medical negligence has occured.
In order to confirm if this has been the case, you must be able to prove the following:
- Breach of duty: Did the medical professional fall below their expected standard of care?
- Causation: Was the below-standard care the cause of your injury/condition?
- Damage or loss: Did the actions of the health care provider lead to damage or loss?
If you think you may have suffered due to a surgical mistake or surgical error negligence, the best thing to do is speak to a medical negligence legal expert as early as possible, which will establish your chances of success quickly.
We offer an initial consultation free of charge with no obligation to proceed, allowing you to fully understand your options at no cost.
If we deem your claim to have a good chance of success, we will take your case on a 'no win no fee' basis.
To book your consultation or to get in touch with an understanding, highly experienced legal expert, phone 0300 303 3634 or submit an enquiry form here.
Frequently asked questions
What if I am unable to travel to important meetings?
Our team will not hesitate to travel to wherever is most convenient for you, at a time that suits you. With our nationwide offices in both the North West and London, it is easy for us to travel and we want you, the client, to come first.
How much time will I need to dedicate to my claim?
It is really up to you. You can choose to be very involved or leave the daily running of the claim entirely to us. At all stages, we will keep you fully informed on the progress of your case. In most cases, you will likely need to attend an appointment with a medical expert. You will also need to answer any questions we may have on your treatment and sign relevant paperwork. Otherwise you can leave the time consuming process of settling your case to us.