There are large numbers of people up and down the UK who undergo surgery every day for many reasons and in most cases the surgery goes as planned, they have a short recovery period and are able to continue with their lives. For a small number of people however, there are occasions when the surgery is botched and cause injury, unnecessary pain and suffering, prolonged recovery periods or worse they can have devastating effects which change a person’s life forever.
All surgical procedures have associated risks and possible undesirable outcomes, however when mistakes are made you may be entitled to compensation.
Mistakes could include:
- Wrong site surgery
- Performing the wrong operation or without consent
- Damaging other organs
- Failing to notice damage to other organs
- Retained items (such instruments and swabs)
Consent is an extremely important issue with surgery and it’s essential that patients are fully informed of the potential risks as well as the intended benefits. The surgeon should ensure that the patient’s expectations are realistic, to avoid disappointment.
Making a Clinical Negligence Claim
What was intended to be a routine operation can sometimes lead to life changing injuries.
Whilst compensation cannot change what has happened or make up for the damage caused it can however cover the cost of the following;
- Pain, suffering and loss of amenity
- Care and Assistance
- Loss of earnings and pension
- Aids and equipment
- Future treatment costs
- Home adaptations
Timescales for making a claim
Usually Court proceedings have to be issued within 3 years from the date of the negligence, or from when you first realised that your treatment might have been negligent. There are some exceptions, for example where the injured person is a child, or someone who is unable to make decisions for themselves.
Ison Harrison Solicitors
If you or a loved one has been affected by a surgical mistake, the Medical Negligence team at Ison Harrison will listen to your story and deal with your enquiry in a sensitive manner. If we believe that there are sufficient prospects to pursue a claim we will guide you through the process and ensure that you get the compensation you deserve to enable you and your family to obtain support and assistance when you need it the most.