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How do I know if my surgery was negligent?
Surgical neglicence occurs when mistakes made during operations by medical practitioners can leave you with further injuries, pain, or suffering. The event of this happening suggests that the surgeon or medical professional involved did not meet the clinical standards that they should have.
Every scenario is different, and a full, complete list of everything that constitutes surgical negligence would be endless. Still, there a a number of examples of surgical negligence that we see occuring more commonly that others.
Examples of these are:-
Wrong-site surgery- an operation being performed in the wrong way or on the wrong body part (For example: surgery being done on the left leg instead of the right leg)
Foreign objects becoming lost or left in the body as a result of the operation, such as medical equipment (For example: needles and sponges left in the body)
Too much/too little/incorrect anaesthetic being administered for the operation being performed (For example: anaesthesia being administered to the wrong side of the body)
Failure of medical professionals to warn you as your risks as a patient, or failure to check any personal circumstances that may make you ineligible for said operation (For example: did not recognise a patient's allergy to a drug or anaesthesia)
Infection arising as a result of inproper sanitisation practices during the operation (For example: Failure to identify and manage post-operative infection)
Nerve or organ damage as a result of the operation (For example: damage to internal organs such as liver, kidneys, lungs, bowel, bladder)
Still, this list is far from exhaustive. If you think that you have been subject to medical negligence during surgery in a way that is not listen here, get in touch with our expert medical negligence personal injury solicitors here.
How long do I have to make a medical negligence claim?
Generally speaking, you have three years to make a claim for personal injury if it occurred in England and Wales. This three-year period starts either on the date of the negligent act if you are aware of it or in some Medical Negligence Claims the three year period is deemed to start when you become aware of the link between your injury and the act of negligence; this is referred to as the 'date of knowledge'.
If you do not either settle your personal injury claim, or issue proceedings in the County Court within your three-year time limit, your claim will become automatically Statute Barred under the Limitation Act 1980.
Wrong sized prosthetic used in NHS surgery:
Surgical negligence does not get more obvious than when a patient is given a wrong-sized prosthetic limb. An event has come to light which occurred in 2021 in which a patient undergoing a prosthetic surgery received the wrong sized prosthetic, in an NHS orthopaedic hospital. The mistake, which is of the severity by which it is referred to as a ‘never event’ within the medical world, occurred at Robert Jones and Agnes Hunt (RJAH) hospital in Gobowen, and it was not until after the surgery had been completed that NHS bosses discovered that a small-sized implant was inserted into a patient rather than a medium-sized one.
According to the NHS, never events are serious incidents that could have been avoided provided that healthcare providers implemented existing national guidance or safety recommendations. Essentially, this makes the term synonymous with an act of medical negligence, but is used to decipher the particularly serious acts of medical negligence within the NHS, in which medical professionals fail to stick to guidelines in place. Two more of these never events of surgical negligence have taken place in the same hospital, when two patients were injected in the wrong side of their bodies with anaesthesia.
These are worrying acts of surgical negligence, that shine light on what can happen when medical staff do not act with due care during surgeries. If you have any questions about making a surgical negligence claim relating to mistakes made during surgery, do not hesitate to contact our no win no fee medical negligence solicitors online here for a free no obligation consultation with a solicitor within one working hour. MG Legal’s surgical negligence solicitors have over 30 years’ experience in making surgical negligence claims, and have a success rate of over 99%. To learn more about our no win no fee surgical negligence claims, and how we can help you make one today, contact us online here.
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How much is my surgical negligence claim worth?
If you have suffered from surgical negligence, you may be wondering, ‘how much is my surgical negligence claim worth?’, or ‘what is the average payout for surgical negligence?’. The answer to this question will differ depending on the injuries that you have sustained due to surgical negligence and how severe they are.
Your claim for surgical negligence compensation will be broken down into two parts, which can be seen in full here. In terms of the general damages, the section paid out for the pain and suffering of the injuries alone, MG Legal’s surgical negligence solicitors have put together the below table using the relevant guidelines for the compensation available for different injuries.
Description of injury sustained due to surgical negligence: |
Expected financial compensation: |
Moderately Severe Brain Damage- where there is severe disability requiring continuous professional care |
£205,580 to £264,650 |
Less Severe Brain Damage – where there is an ability to return to some normal social activities but some issues remain, such as memory function, poor concentration and mood inhibition |
£14,380 to £40,410 |
Severe hip injuries caused by surgical negligence- many accidents fall within this bracket. It covers fractures of the acetabulum leading to leg instability and making a hip replacement surgery likely in the future. |
£36,770 to £49,270 |
Above knee amputation of one leg- depending on severity of accompanying phantom pains and psychological trauma. |
£98,380 to £129,010 |
Very serious leg injuries because of surgical negligence- those leading to permanent problems with mobility and requiring crutches of mobility aides long term. |
£51,460 to £85,600 |
Serious leg injuries due to surgical negligence- serious compound or comminuted fractures or injuries to joints and ligaments leading to instability, prolonged treatment, excessive scarring, and other problems. |
£36,790 to £51,460 |
Loss of one arm because of surgical negligence- apmutated above the elbow. |
£102,890 to £122,860 |
Loss of one arm due to surgical negligence- amputated below the elbow. |
£90,250 to £102,890 |
Arm injuries resulting in permanent and substantial disablement- such as serious fractures of one or both forearms, whether functional or cosmetic, and where there is a significant residual disability. |
£36,770 to £56,180 |
Serious injuries to the foot after surgical negligence, such as those leading to permanent arthritis. |
£23,460 to £36,790 |
Very Severe Scarring caused by surgical negligence- which is very disfiguring to the face. |
£25,400.00 - £91,350.00 |
Trivial Scarring to the facial area because of surgical negligence with minor effect. |
£1600.00 - £3310.00 |
Significant scarring after surgical negligence which is visible at a conversational distance. |
£16,860.00 - £28,340.00 |
What is considered surgical negligence by a surgeon?
If you are looking to make a surgical negligence claim for financial compensation, you might find yourself wondering what exactly counts as surgical negligence, or negligent actions by a surgeon. Surgical negligence can occur in a wide range of different ways, from simple mistakes made by surgeons, to serious errors and oversights.
Still, all acts of surgical negligence are dangerous, and all acts of surgical negligence ought to be taken seriously. If you have suffered from surgical negligence of any kind, you could be eligible to make a no win no fee surgical negligence claim for financial compensation, and achieve the justice that you deserve for the surgical negligence that you have experienced. Below are some common examples of surgical negligence, that can lead to surgical negligence claims, and that our medical negligence solicitors see on a regular basis:
A surgeon carrying out the incorrect surgery on a patient
Performing a surgical procedure on the wrong body site
Not obtaining the patient’s signed consent before carrying out the surgery
Failing to monitor the patient after surgery or providing adequate aftercare
Inserting a poorly fitting prosthesis
The wrong limb being amputated on a patient
Mistakes with anaesthesia (see more on this here)
Cosmetic surgery errors (see more on this here)
Unnecessary severing of blood vessels
Unintended retention of foreign objects (URFOs) and retained surgical items (RSIs)
Performing an unnecessary surgery on a patient
The severing of vital blood vessels or nerves during surgery
Unnecessary injury to internal organs during surgery such as a perforated colon during colonoscopy malpractice
What should I do if I am a victim of medical negligence?
If you have suffered medical negligence due to the negligent treatment or advice, of a medical practitioner, from a dentist, to a doctor, or surgeon, then you are not alone- MG Legal’s specially trained solicitors accept all claims for medical negligence, on a No Win No Fee basis.
If the medical negligence happened in the last 3 years, it is important that you make contact with one of our medical negligence solicitors, as soon as possible. The most important thing to remember is that you usually have 3 years to make a claim for medical negligence compensation- after that, your claim could be statute barred, leaving you with no grounds to pursue damages.
If you are thinking of pursuing a claim for medical negligence compensation, we will always carry out any initial investigative work free of charge and with a view to accepting your claim on a Conditional Fee Agreement (no win, no fee agreement). Get in touch by phone, email, send a call-back request via the website or at any of our high street offices in Garstang, Lancaster and Longridge. MG Legal are your local solicitors for No Win No Fee Medical Negligence Claims.
Why should I choose MG Legal to handle my surgical negligence claim?
MG Legal’s team of expert local solicitors use the services of the best medical practitioners, whatever their field of expertise, because your claim for compensation is important to us, and we want to get you the most compensation possible. Our personal injury solicitors accept all of our medical negligence compensation claims on a no win no fee basis, and have a success rate in excess of 99% for all personal injury claims accepted. Our solicitors are driven by getting our injured clients the most compensation possible, and we pride ourselves on our sensitive, honest, and hardworking approach. Any of our surgical negligence claims experts will be pleased to discuss your case and offer advice over the phone.
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No matter where you are injured across England and Wales, MG Legal's Medical Negligence Solicitors are here to help you to achieve the financial compensation that you deserve.
For a free, no-obligation consultation with a medical negligence solicitor, contact us online here. Or give us a call on 01772 783314
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