In order to claim surgical error compensation, two conditions have to be met. There must have been an error during that surgery that “at the time and in the consequences” was avoidable, and you must have sustained a loss, an injury, or the avoidable deterioration of an existing condition as a result.
Because of these conditions, not every claim for an error during surgery is successful. There may well have been an error during surgery, but if there has been no “adverse event” because of it, it will be impossible to claim surgical error compensation.
Similarly, if an error was made during surgery because of an emergency or overriding concern, the error will not be considered below the standard of care generally accepted by the medical community and liability for your injury will be denied.
Making a Claim for an Error during Surgery
In order to establish that you are eligible to make a claim for an error during surgery, your solicitor will request access to your medical records. Your medical records will be reviewed by an independent medical expert to determine whether you are eligible to claim surgical error compensation.
If there is sufficient evidence of negligence to support a claim for an error during surgery, your solicitor will send a “Letter of Claim” to the NHS Trust responsible for your care, informing the Trust that you are claiming surgical error compensation.
The NHS Trust will initiate an investigation into the circumstances of your surgical procedure and should admit liability for your injuries when the investigation is complete. This usually takes ninety days, but can be longer depending on the complexity of your claim.
How Much Surgical Error Compensation Will You Receive?
How much surgical error compensation you will be entitled to will depend on the nature and extent of your injury. Some injuries caused by surgical mistakes can heal naturally, others may require further surgery to repair the damage. Others never heal at all.
Your solicitor will take into account any diagnosed physical or psychological injury you have sustained, and the impact that the surgical error has had on your quality of life when calculating the value of your claim for an error during surgery.
You will also be able to recover any financial costs you have incurred – or may incur in the future – which are directly related to surgical negligence. You will also be able to recover any loss of income you have experienced if the error during surgery has prevented you from working, or will prevent you from returning to work in the future.
Further Information about Surgical Errors and Compensation Claims
As there are many factors which will affect your eligibility to claim for an error during surgery and influence how much surgical error compensation you will be entitled to if your claim is successful, you are invited to call our Medical Negligence Advice Bureau and discuss your injury and its consequences with a medical negligence solicitor.
Our solicitor will explain the process for establishing negligence as it applies in your particular circumstances, expand on the claims procedure – again with reference to your specific situation – and answer any legal questions you may have about claiming surgical error compensation.
Any information you give to our solicitor is strictly confidential, and you should also be aware that, by calling our Medical Negligence Advice Bureau, you are not under any obligation to proceed with a claim for an error during surgery
Our service is provided so that you are able to obtain legal advice in plain English in order that you are able to make an informed decision about whether you have a claim for surgical error compensation that may be worth your while to pursue.