Surgical Errors

Types of Surgical Errors

Surgical errors can take many forms, including:

Operating on the wrong part of the body

Carrying out an unnecessary operation

Leaving surgical tools such as clips or gauze inside the body

Accidents during dental surgery

Mistakes during eye surgery, such as cataract procedures

Damage to organs during surgery

Each of these errors can have serious consequences for your health and quality of life.

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How a Surgical Error Claim Can Help

A claim can provide vital support to help you recover and manage the effects of a surgical error. While the NHS usually covers your medical care, compensation can assist with:

Medical Expenses

Covering the costs of the incorrect surgery and any corrective treatment, rehabilitation, or ongoing care.

Lost Earnings

Helping to replace income lost if your condition prevents you from working.

Pain and Suffering

Acknowledging the physical pain and emotional distress caused by the error.

Rehabilitation Support

Funding for therapies such as physiotherapy and counselling that support your recovery.

Ongoing Care

Providing for long-term care if the injury results in permanent disability.

How to Make a Surgical Errors Claim

The claim process involves several clear steps:

Seek Medical Attention

Ensure you receive the necessary treatment and keep detailed records of all diagnoses and procedures.

Gather Evidence

Collect medical records, surgical reports, and other documents showing how the error happened and its effects.

Consult a Medical Negligence Solicitor

Our specialist team at CEL Solicitors will provide expert advice and guide you through the process.

Initial Consultation

We will assess your case, explain your legal rights, and outline the compensation you might be entitled to.

Claim Filing

We will prepare and submit all the legal documents required to begin your claim.

Negotiation and Settlement

Most claims are settled out of court. We will negotiate on your behalf to reach a fair agreement.

Court Proceedings

If necessary, we will support you through court, instructing experienced barristers to represent your case.

We’ve already helped thousands of people across the UK.

Speak to our friendly team today. You are not alone, and you may have a case.

Frequently Asked Questions

Your questions, answered.

What is medical negligence?

Medical negligence occurs when a healthcare professional fails to meet the expected standard of care, leading to harm. This can include incorrect or delayed diagnoses, inappropriate medication durations, or errors during medical procedures. If the care provided falls below the standard and results in worsening your condition or injury, it may constitute medical negligence.

Can I access my medical records?

Yes, you have the right to access your medical records. You can request them from any medical institution you have visited, including your GP, hospitals, and other care providers. This is important for reviewing your treatment and supporting your claim.

Can I make a claim on behalf of someone else?

Yes, you can make a claim on behalf of someone else if you are a family member or carer. This is possible if the person is under 18, lacks the capacity to make a claim, or has died due to the negligent treatment.

Do I need to make a formal complaint before making a claim?

No, a formal complaint is not required before filing a claim. However, if you have already complained, we will need to review the response. If you wish to make a complaint, follow the process outlined by the medical institution or consult NHS Patient Advice & Liaison Service (PALS) if applicable.

How can I fund my medical negligence claim?

You can fund your claim through various methods: a no-win, no-fee agreement, private funding, or legal expenses insurance. We will discuss these options with you to find the most suitable method for your case.

How can I prove medical negligence?

To prove medical negligence, you need to show that the healthcare professional owed you a duty of care, failed in that duty, and that this failure caused you harm. You must also demonstrate that this harm led to physical injury, psychological trauma, or financial loss, such as lost earnings. Expert medical evidence is often required to support these claims.

What compensation will I receive?

Compensation in medical negligence cases generally includes general damages for the injury itself and special damages for financial losses such as lost earnings, additional medical costs, and care expenses. We will assess your losses and advise you on the potential compensation you may receive.

Can I still claim if I was treated by the NHS?

Yes. You can make a claim for medical negligence even if your care was provided by the NHS. NHS staff have a duty of care to their patients, and if that duty is breached and causes harm, you may be able to seek compensation.

What is a never event?

A “never event” is a serious medical mistake that should never happen if proper care is followed. This includes things like diagnosing the wrong illness, delays that lead to serious harm, or failing to act on test results. These incidents are considered entirely avoidable and often involve serious consequences for the patient.

What is the time limit to make a claim?

Generally, you must start your claim within three years of the incident or from when you discovered the injury. For children, the three-year period begins when they turn 18. If the affected person lacks the capacity to make decisions, the limit starts when they regain that capacity. Claims under the Human Rights Act must be made within one year. Acting quickly is advisable to ensure evidence and witness recollections are preserved.