Surgical Injury Claims
If you've suffered an injury during surgery due to medical negligence, you may be entitled to compensation. If you think you have a claim, contact us today.
Surgical Medical Negligence Experts
As a society we put lots of faith in medical professionals, but in some cases doctors or medical professionals have accidents or lapses in concentration which can lead to you sustaining injuries.
If you’ve been through surgery and suffered injuries as a result of medical negligence it can lead to life changing and traumatic experiences.
We have a wealth of experience in helping people to get compensation they deserve. To speak with us, please fill out a form or give us a call on the number below.
Surgical Negligence Services
Who may be liable?
Medical negligence claims are complex cases and can be difficult to prove, especially when in relation to birth or pregnancy. Having a specialist solicitor with a track record of winning medical negligence claims to represent you will not only give you an increased chance of winning your case, but also help to make sure you get the maximum amount of compensation.
Medical negligence isn’t limited to doctors alone. There are other medical professionals that may be liable, such as: –
- GPs
- Consultants
- Surgeons
- Midwives
- Physiotherapists
- Psychiatrists
- Nurses and other hospital staff
- Other healthcare specialists
- Dentists
- Pharmacists
Duty of Care
If injury or harm is caused, it is not automatically assumed that the healthcare professional was negligent and therefore liable for medical negligence. Instead, the prognosis, diagnosis, treatment, or procedure will be considered by other medical experts to see if it is consistent with accepted medical practice. If it is, then the professional is most likely to be found to have acted within their duty of care. It is only when the diagnosis, treatment, or procedure was below standards that apply to that medical professional that they may be seen to have breached a duty of care.
How to make a claim for a surgical injury?
If you have gone in for surgery and suffered injuries as a result of medical negligence and you’d like to claim compensation, get in touch with one of our lawyers today.
We can offer you a free, no obligation consultation so you can talk to one of our experts about your case and whether you have a claim. Our team of expert injury lawyers will look into your case, talk with you about what you’ve been through and work out if you have a claim.
What can I claim for?
You may be unsure as to what type of injuries you’re able to claim for. If you’re unsure, speak with us and we’ll be able to analyse you case and tell you if you have a claim.
However, you could claim compensation for any injury that’s a result of medical negligence which occurred during a surgical procedure.
Youngs law have dealt with many surgery cases. Some of the most common claims we see include:
- leaving surgical instruments in the body cavity
- accidentally severing vital blood vessels or nerves
- operating on the incorrect part of the body or the removal of healthy tissue or organs
- carrying out unnecessary surgery as a consequence of a misdiagnosis or confusion involving notes, x-rays or patients themselves
- leaving items in the patient’s body after surgery; this can include sponges, swabs and surgical instruments
- 033 33 582 583
- Email Our Medical Negligence Team
David Stinson
Personal Injury Solicitor
- Member of The Law Society Personal Injury Panel
Tracy Hunns-Clarke
Clinical Negligence Lawyer
Medical Negligence F&Qs
What is medical negligence?
Medical and healthcare professionals have a duty of care towards their patients. Medical negligence occurs when this duty of care is breached and a patient suffers harm as a result. When a medical negligence claim is made, the objective is to obtain financial damages with a view to putting the injured party back in the position they would have been in, had the negligence not occurred.
What is the 'duty of care'?
Practitioners have a duty to provide care that is of a level that would reasonably be expected of any competent nurse, doctor, midwife, etc. For a claim to be successful, the deviation from this level of care must be identified as the reason for the harm caused.
How do I make a claim?
If you have experienced harm or injury as a result of medical negligence, then please give us a call. We will take details of your situation in order to establish whether there has been a breach of duty and, if so, whether that breach is the cause of any damage you have suffered. Where we believe that a claim should be pursued, we will support you to progress matters and achieve the best possible outcome for you.
How much compensation will I receive?
The amount of compensation you will receive will depend on the seriousness of the case and the injuries or suffering it has caused you. As an example, someone who received poor casting for a broken arm, causing them to take more time off work would get less than someone who has been misdiagnosed with cancer and is now in a worse situation.
What will I need to win my case?
To be successful, the following must be evidenced when making a claim: a) that there has been a breach of duty of care, b) that the claimant has suffered harm and c) that the harm was caused by that breach of duty.
For example, if a negligent delay in a patient’s diagnosis of cancer has negatively affected their prognosis, this would be grounds for them to make a claim. The argument must be that if the negligence had not occurred, they would now be in a better position.
Will I have to go to court?
We will do all we can to settle your matter without the need for a Court application. However, if your claim does progress to this stage then you can rest assured that we will be there to guide you throughout the process.
Our expert legal advisers will support you step by step, providing representation at any hearings and liaising with experts where needed.
How will my case be funded?
All of our medical negligence matters are funded by conditional fee agreements (‘CFAs’). A CFA works on a ‘no win, no fee’ basis. There will be nothing for you to pay up front and, if your claim is not successful at any stage, then you will not be required to pay any costs. In the event that your claim is successful, the other party must pay your costs. We would deduct a ‘success fee’ from any damages that you are awarded, capped at 25% of the overall amount.
Once we have reviewed your medical records and agree to take your claim forward, we will apply for after the event insurance (‘ATE’) on your behalf. This will cover any disbursements incurred during the life of your claim.
If your claim is successful, you will be required to pay a percentage of the ATE insurance premium (the remainder of the fee would be met by the other party). The amount that you pay will be dependent on the damages that we hope to achieve. This would also be deducted from any damages obtained.
How long will my claim take?
We will always work to conclude matters for you as quickly as possible. We understand that, where harm has been suffered as a result of negligence, receiving a swift outcome is important. However, it is difficult to say how long this could take at the outset of a matter and we would need to update you on this as your claim progresses.
When making a medical negligence claim, the claim must be brought within a three year time limit. This is called the ‘limitation period’. The limitation clock will start from the date that:
- the negligence occurred (referred to as ‘primary limitation’); or
- the date that you became aware of the negligence (‘date of knowledge’)
If a claim is being brought on behalf of someone who is under 18, the limitation period will start from the date of their 18th birthday. In the event that the claim is on behalf of someone who has died, the limitation period starts the date of their death.