Surgical Negligence: Surgery Errors & Negligence Claims and Surgical Injury Claims.

To be considered viable, surgical negligence claims in England and Wales must satisfy specific legal criteria to ensure the claim can be brought forwards.

Duty of care

Healthcare providers, including surgeons, nurses and hospitals, owe a legal duty of care to their patients under the law in England and Wales, requiring them to deliver care at an acceptable standard that a competent professional, in their field, would consider reasonable. Whilst this standard is not a measure of perfection, it reflects a level of skill and attentiveness that ensures patient safety and well-being. The duty of care is a fundamental principle, acknowledging the patient’s trust in their healthcare providers and the expectation of receiving safe and effective medical treatment.

Breach of duty

A breach of duty occurs when a healthcare provider does not meet the required standard of care, acting in a way that a reasonably competent professional in the field would not. Demonstrating a breach involves comparing against the considered acceptable medical practice. For example, if a surgeon performs a procedure without the required skill level or fails to follow established protocols or techniques which leads to an error occurring, this could constitute a breach of duty. The assessment typically relies on expert medical evidence to determine what a competent professional would have done in the circumstances.

Causation

Causation requires linking the breach of duty directly to the harm the patient suffered, demonstrating that the mistake was the direct cause of the patient’s injury or worsening condition. This aspect of the claim requires a clear, evidence-based connection between the surgeon’s action (or lack thereof) and a patient’s outcome, whilst determining whether the patient would have suffered the same harm if the breach had not occurred.

Damages

Damages is the legal term for monetary compensation which can be awarded to a patient for their physical injuries, financial losses and emotional distress. The purpose of awarding damages in surgical negligence cases is to compensate the victim for their losses and restore them, as far as possible, to the position they would have been in had the negligence not occurred. The range of amount of damages that can be awarded is vast, and can include the cost of additional medical treatments, pain and suffering, financial losses, and the impact on the patient’s quality of life.

Establishing these losses requires a thorough presentation of evidence, including medical records, expert testimony and a detailed account of the patient’s experiences and losses. At Lanyon Bowdler, our team of experienced medical negligence solicitors specialise in understanding the ins and outs of surgical negligence claims, ensuring our clients are properly represented.

Making a surgical negligence claim involves a structured process requiring careful preparation, proper legal expertise and a clear understanding of the steps involved.

The initial steps involve collecting all medical records, witness evidence and photographic evidence of injuries. These documents are crucial for supporting the claim. Everyone is entitled to their health records under the law in England and Wales, and you can request these from your healthcare provider – either in the NHS or in private practice.

When seeking compensation for surgical negligence, expertise matters. It is important to choose a solicitor with a strong track record in medical negligence. At Lanyon Bowdler, our team’s experience and success in similar cases will be vital to your claim. We offer a free initial assessment of your case to help you understand the viability of your claim and the way forward.

Once the medical records have been reviewed and independent expert evidence obtained that supports a claim for avoidable injury arising due to surgical negligence, your solicitor will draft a Letter of Claim to the healthcare provider detailing the negligence and its impact on your life. Many cases are settled through negotiation, where your solicitor will work to secure fair compensation without going to court. If necessary, your solicitor will commence formal court proceedings and present your case to the court and argue your case. We handle most of the medical negligence cases we take on under a No Win No Fee agreement, which minimises your financial risk.

Taking the steps towards making a surgical negligence claim can seem overwhelming, but with the correct legal support, you can get the justice you deserve. Lanyon Bowdler’s team of experts is here to guide you through the legal complexities of the process, and always with your best interests in mind.

Typically, you have three years to make a Surgical Negligence Claim – beginning either from the date of your surgery or when you discover that surgical negligence caused your injury. The exceptions to this rule include:

1. Claims on behalf of children: If you are claiming on behalf of a child, you can claim at any time before your child reaches the age of 18. Once they reach 18, they can make their own claim until they’re 21.
2. Mental capacity: If a claim is made on behalf of someone who doesn’t have the mental capacity to claim themselves, there are no time limits.

If you believe that you or a loved one has suffered from surgical negligence, you should aim to contact a legal professional as soon as possible to make it easier to gather evidence in support of your claim.

The amount of compensation you can claim depends on several factors, including your circumstances and the severity of your injury caused by surgical negligence. This varies between individuals, but Lanyon Bowdler’s specialised team has the knowledge and expertise to ensure that you and your family have a higher chance of receiving the maximum compensation that you’re entitled to.

Compensation includes the award for the pain and suffering your illness caused you, along with any additional reimbursement for financial losses, care needs and medical treatment and care.