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My Operation Has Gone Wrong, How Do I Claim Compensation? – Operation Negligence Claims Guide

By Olivia England. Last updated 8th June 2021. Are you wondering ‘my operation has gone wrong how do I claim compensation?’ If you suffered as a result of third-party negligence, you could claim compensation for any damages you incurred. This guide will explain everything you need to know.

If you require any form of surgery, you have to trust that the surgical team will do things right and the outcome of your surgery is as expected. There are many operations performed by medical professionals every day. In many cases, the surgery is a success. However, there are some occasions though where things don’t go to plan. With these instances in mind, this guide is going to look at how to make a claim for an operation gone wrong. We’ll look at when a surgeon might have been liable for your injuries, what could go wrong and when you could claim compensation for your suffering.

'my operation has gone wrong how do I claim compensation?'

‘my operation has gone wrong how do I claim compensation?’

The team at Legal Expert truly believe that if you’re caused to suffer because of somebody else’s negligence, you should be able to claim compensation without worrying about the costs involved in the claims process. Therefore, our team of advisors offer free legal advice as well as a no-obligation assessment of your case. Then, if your case has a chance of success, they can connect you to one of our solicitors who can handle your case on a no win no fee basis.

To get in touch today and discuss your chances of being compensated with help from our personal injury panel, please call 0800 073 8804 today or use the live chat on your screen now.

In the meantime, if you’re wondering ‘my operation has gone wrong how do I claim compensation?’, keep reading this guide for some information.

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A Guide To Making Operation Gone Wrong Claims

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, this guide will help.

When you undergo any form of surgery, there are always risks associated with the treatment. Therefore, if those risks were explained clearly before the surgery and an unavoidable injury occurred, you probably wouldn’t be able to claim compensation.

However, there are cases where claiming could be possible. In these cases, two things need to be proven:

  • A breach of duty took place. This is where the standard of treatment was below the level that could be reasonably expected of a competent medical professional.
  • Avoidable harm was caused. This means that evidence needs to show that the injuries or suffering sustained were caused by the breach of duty rather than an underlying condition.

Also, surgical error claims need to be made within the personal injury claims time limit. In normal situations, this is a 3-year period, starting 3 years from the date you were injured. Alternatively, if you didn’t find out about your injuries until a later date, the 3 years could start from the date of diagnosis.

In this guide, we’re going to look at the question of ‘my operation has gone wrong how do I claim compensation?’. We’ll also discuss cases in which you might be entitled to compensation, as well as the different types of mistakes that could lead to a claim for things like wrong site surgery, unnecessary surgery and new injuries. We’ll also look at what steps medical professionals could take to prevent surgery errors from occurring and

When you’ve completed our guide, if you decide you’d like to make a claim, please call the number at the top of the screen. Our advisors are a friendly team who’ll talk you through the claims process. They’ll review your case with you, advise you of your options and could introduce you to a solicitor to handle your claim.

Surgical Error Statistics

The NHS reported that between April 2020 and March 2021, there were 364 incidents categorised as ‘never events‘. A never event is a serious, preventable incident that would not have occurred if healthcare professionals followed the safety guidelines and recommendations in place.

Some of the most common incidents included:

  • Wrong-site surgery
  • Retained foreign object post-procedure
  • Misplaced tube or feed incorrectly administered

What Is An Operation Which Has Gone Wrong?

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, this section will address how one might find themselves in this situation and provide some examples.

In terms of making a compensation claim, an operation that’s gone wrong is one where the level of care provided was lower than expected and has caused you to suffer in some way. That could be an injury, an illness or even psychological suffering.

Surgeons, doctors, nurses, anaesthetists and other medical professionals are thoroughly trained before they’re allowed to participate in surgical treatment. They have a duty of care to provide you with effective treatment, using the correct procedures and equipment and keep you as safe as possible throughout. If they fail to work to the expected standards, and that causes you to suffer, then you could sue the individual or hospital for medical negligence.

We’re often asked ‘my operation has gone wrong how do I claim compensation?’. The answer, based on the above information, is that you could sue if the operation went wrong due to negligence and you suffered injuries, your condition worsened, or you became ill as a result of the negligence. In cases where your suffering was unavoidable, you wouldn’t normally be able to claim.

It’s possible to claim for medical negligence against the NHS as well as private hospitals. Also, you could claim for suffering caused by negligence during medical treatment as well as cosmetic surgery.

Ways In Which An Operation Could Go Wrong

There are a number of different reasons why you might have to make an operation gone wrong claim. These include:

  • Procedural errors. This is where the surgeon or part of their team fail to follow the correct procedure, and this causes the patient to suffer.
  • Anaesthetic mistakes. These can cause the patient to suffer avoidable pain while treatment is being carried out.
  • Where the wrong treatment is performed because the wrong illness or condition has been diagnosed. It could also be where a problem isn’t diagnosed by the surgeon during an operation.

This is just a sample of the different ways in which an operation could go wrong. Remember, we could help you claim for any operation that’s gone wrong if it was caused by negligence and caused you to suffer.

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, please read on to learn more.

Operations Which Were Not Successful Due To Negligence

Here are some examples of mistakes or negligence which could cause the patient to suffer an injury or become ill and require remedial treatment to rectify the situation:

  • Leaving medical equipment such as surgical tools or swabs inside the patient’s body.
  • Damaging unrelated internal organs during surgery.
  • Operations on the wrong part of the body.
  • Anaesthetic mistakes allowing the patient to wake during surgery.
  • Inadequate suturing (stitches) meaning that a wound doesn’t heal properly.

Again, this list isn’t conclusive, but it does provide some examples of negligence that could cause an operation to go wrong. For a review of your own case, please contact our team of specialists on the number at the top of the screen.

Claims For Surgeries Which Cause New Injuries

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, this could be as a result of surgery causing a new injury.

There are a number of different injuries that could be caused by surgery, from minor surgical injuries to severe damage caused. Remember, though, not all would mean your eligible for compensation. If the surgeon had no way of avoiding the injury, then you wouldn’t be able to claim. However, if the cause of the injury can be shown to be negligence, you could be entitled to claim. The types of injury you could claim for include:

  • Muscle damage.
  • Nerve damage.
  • Organ damage.
  • Cuts and lacerations.
  • Internal bleeding.
  • Spinal cord damage.
  • Brain damage.

Proving how a surgeon caused these types of injuries can be quite a complex task. Therefore, we advise that you have a specialist solicitor working on your side. Our team have vast experience in making surgical negligence claims and can help prove what caused your suffering by using expert medical advisors.

Claims For Wrong Site Surgery

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, this could be as a result of wrong-site surgery.

The NHS has a number of defined “never events”. This means events that should never occur in surgery. They include wrong implants, retained foreign objects, wrong route administration of medicines, insulin overdoses and wrong site surgery. Wrong surgery could occur because the wrong patient receives the wrong treatment, or the wrong body part is operated on. One example could be the amputation of the left arm when the right arm should’ve been removed.

At best, the latter could be described as inconvenient as the operation needs to be carried out again. At worst, wrong site surgery could be life-changing, life-threatening or fatal.

Whether the event is spotted during surgery or after it has been completed, you could claim for any suffering caused.

Claim For Harm Caused By An Unnecessary Surgery

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, this could be as a result of unnecessary surgery.

Being told you need any form of surgery can be stressful. That’s especially true if the surgeon explains a long list of risk associated with the procedure. If the advice from the surgeon is that you should allow them to perform the procedure, then the chances are you’ll accept their expert advice.

If it turns out that the surgery was unnecessary, you might be able to claim compensation for any injuries, side effects or stress caused by the procedure. Some reasons why unnecessary surgery might be carried out include:

  • A misdiagnosis.
  • Failure to obtain informed consent prior to the treatment.
  • A failure to inform the patient of alternative, non-surgical, treatments that could’ve eased their symptoms or cured the condition.
  • The carrying out of a partial procedure i.e. where a partial hip replacement is carried out but where a full one would’ve been a better solution.

To prove that surgery was unnecessary, you’ll need a specialist medical negligence solicitor on your side. If you’d like to discuss how we could help you claim, why not call our advisors today. We’ll review your case and advise if you have the chance of being compensated or not.

What Steps Could Be Taken To Prevent Operations From Going Wrong?

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, you may also be wondering whether your suffering could have been prevented.

The NHS aims to learn from mistakes whenever they’re made. They put procedures in place to try and ensure the same type of mistake doesn’t happen in future. Some of the recommendations from an NHS report into never events include:

  • Sharing of solutions. Where staff from one trust discuss different working methods with other trusts.
  • Speaking up. It was recommended that the culture in an operating theatre be changed to allow all levels of staff to communicate any concerns they might have. Furthermore, surgeons should feel able to ask for advice.
  • Safety checks. There have been many checklists for surgical procedures developed over the years. The report aims to understand why some checklists aren’t being used in certain circumstances.
  • Reducing interruptions. This is quite an obvious risk as any interruption could lead to a surgeon losing concentration on the task in hand.
  • Reducing paper records. There were a number of trusts keeping records using a mix of paper and electronic records. The reported suggested that staff need to be look at the information systems available to them.

Operation Gone Wrong Claims Calculator

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, you may also be wondering how much you could be entitled to.

We’re now going to look at how much compensation you could be entitled to. As every personal injury claim is different, it’s impossible for us to provide an accurate assessment for every claim here. However, the personal injury claims calculator table below shows some compensation payments awarded for different injuries.

Updated June 2021.

Type of InjurySeverityCompensation RangeDetails
Brain damageVery Severe£264,650 to £379,100Brain injuries which have very little evideince of environmental response or language function. Full time nursing care will be required.
Brain damageModerate£140,870 to £205,580Cases where the amount of care required is lower. Injuries include personality changes as well as an effect on sight, speech and senses. These will mean there's no prospect of employment.
NeckSevereIn the region of £139,210A neck injury that is associated with incomplete paraplegia or where the claimant has little or no neck movement despite wearing a neck collar for years.
NeckModerate£23,460 to £36,120Included in this bracket are dislocations of the neck or neck fractures which could require spinal fusion.
NeckMinor£4,080 to £7,410Tissue damage to the neck which is fully healed between 1 and 2 years..
Back Severe£85,470 to £151,070These are the most severe types of back injury which involved damage to the spinal cord. Incomplete paralysis could be caused as well as significantly impaired bowel, bladder and sexual function.
Back Minor£7,410 to £11,730Injuries to the back which take between 2 and 5 years to completely heal without surgery.
Tetraplegia£304,630 to £379,100Payments at the top end of this bracket will be where physical pain is present, senses are significantly impaired and the ability to communicate is also affected. Age, respiratory issues and the extent of any residual movement are some of the factors considered.
Paraplegia£205,580 to £266,740Factors in deciding the amount within this bracket include the extent of any pain, the degree of independence, age and life expectany, depression and impact of sexual function.

While the negligence compensation calculator concentrates on some of the more serious injuries possible when an operation goes wrong, you could claim for any type of suffering if it was caused by a negligent act.

It’s important that your injuries are assessed properly, and evidence is supplied to prove the extent of your suffering. Otherwise, the amount of compensation paid might not be at the correct level. Therefore, our solicitors use independent doctors to review your injuries. They provide a report which details your specific injuries, how you suffered and whether you’ll suffer in the future. Where possible, we always try to arrange medical assessments locally so that you don’t have to travel too far.

Special Damages Applicable To Failed Surgery Claims

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, you may be wondering if you could reclaim your financial shortfall.

When your medical negligence solicitor starts to compile your claim, they’ll look at general damages and special damages. General damages are awarded to cover the pain, suffering and also the loss of amenity caused by your injuries. The previous section provided examples of general damages payout amounts.

Special damages are paid to compensate you for any financial losses linked to your injuries. Your solicitor can claim for a number of different special damages including:

  • Medical Expenses.
    The cost of medical treatment on the NHS is usually free for most people. However, the cost of medicines and other, non-NHS, treatments could be incurred. Therefore, you could include these in your claim.
  • Care Costs.
    Where a patient needs to be cared for following a surgical error, the cost of a carer could be included. This could be for either short-term or long-term care. The cost of a professional carer or the time of a family member could be included.
  • Travelling Expenses.
    If you need to travel too and from medical appointments, you could include the cost of fuel and parking costs in your claim. You might also be able to claim back any alternative travel arrangement costs you incur as a result of your injuries.
  • Home Adaptations.
    In serious cases where a surgical error leads to a disability, the cost of making adaptations to the home could be claimed back.
  • Lost Income.
    Should your injuries affect your ability to work, you could claim for lost earnings. In the short-term, this could cover time earnings lost because you had time off work to recover or to attend medical appointments. You could also claim back future lost income if your injuries have a long-term affect. In this situation your age, job prospects and salary level will all be taken into account.

How Could Legal Expert Help Me?

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, we are here to help.

We hope that this guide about making an operation gone wrong claim has developed your understanding of the claims process and informed you about how we could help your case. If you’re interested in making legal proceedings, here’s why you should choose to work with Legal Expert:

  • We’ve received loads of positive feedback from previous clients.
  • Our claims line is open everyday of the week, 24-hours a day.
  • The advice our advisors provide is free and with no obligation.
  • Our team of solicitors have been working on personal injury claims for up to 30-years.
  • All claims taken on are on a no win no fee basis.
  • Our solicitors will keep you updated throughout the claim. They’ll also act as efficiently as possible to ensure they are not the cause of any delays.
  • Finally, our solicitors always try to ensure that our clients receive a full and fair settlement in any claim.

If you’d like to know more about how Legal Expert could help you claim, please get in touch today.

No Win No Fee Operation Gone Wrong Claims

If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, you may be worried about the cost of hiring a personal injury lawyer. To alleviate those concerns, our solicitors work on a no win no fee basis for any claim they take on. They do so to allow as many people to claim as possible.

To begin surgical mistake cases, the solicitor will check your case has a chance of being won. If it does, and they take your claim on, they’ll prepare a conditional fee agreement (CFA) for you. This is the legal name for a no win no fee agreement.

The CFA is a legal contract between you and your solicitor. Amongst the terms and conditions, you’ll find two key pieces of information:

  • The success fee you’ll pay if you receive compensation.
  • A statement confirming that there are no solicitor’s fees to pay unless compensation is paid.

Success fees are used to cover the solicitor’s fees. They’re expressed as a percentage of your compensation. To make the process easier, you don’t have to send funds to cover the success fee, they’re automatically deducted from your compensation. A typical success fee is 25% of your compensation.

If you’d like to check whether you could use our no win no fee service, please call the number at the top of the screen today.

‘My operation has gone wrong how do I claim compensation?’ FAQs

Can you claim if an operation goes wrong?

If you’re wondering how to make a personal injury claim, get in touch with our team today to see if you have a valid case. If we believe you could claim compensation, one of our advisors could connect you to a personal injury lawyer from our panel. All you need to do is call the number at the top of this page to get started or fill out a contact form for us to get back to you.

What is surgery negligence?

Surgical negligence is a form of medical negligence that could occur for a variety of reasons, ranging from wrong-site surgery to unnecessary surgery. In order to be able to make a claim for it, your situation will have to meet the following criteria:

  • A breach of duty took place. This is where the standard of treatment was below the level that could be reasonably expected of a competent medical professional.
  • Avoidable harm was caused. This means that evidence needs to show that the injuries or suffering sustained were caused by the breach of duty rather than an underlying condition.

Start Your Operation Gone Wrong Claim

You’ve now reached the end of our guide about making an operation gone wrong claim. If you’re wondering ‘my operation has gone wrong how do I claim compensation?’, we hope you’re now ready to begin your claim and would like Legal Expert to help you. If so, there are a number of ways to get in touch, these include:

When you contact us to discuss compensation for an operation that’s gone wrong, we’ll begin by offering a free consultation. Our team will listen to what’s happened, how you suffered and what evidence you have to support the claim. If you have a strong enough case, we could introduce you to a personal injury solicitor. Should they agree to take on your claim, it’ll be on a no win no fee basis.

Where Can I Find Out More?

Thanks for taking time to read our operation gone wrong claim guide. We hope you’ve received all of the information you need to help you decide whether to make a surgery compensation claim or not.

If you’re still wondering ‘my operation has gone wrong how do I claim compensation?’, here are some more of our guides as well as some external resources that could prove useful. Alternatively, please don’t hesitate to speak to a member of our team today for a free consultation on your case.

  • Legal Action NHS – This guide from the Citizens Advice Bureau provides more information about claiming for NHS negligence.
  • NHS Complaints – The procedure for making a formal complaint against the NHS. Remember, you don’t need to complain to begin a medical negligence claim.
  • Find Health Services Near You – A handy tool from the NHS that can be used to look up addresses of GPs, hospitals and other services in your area.
  • Cosmetic Surgery Claims – This guide looks at when you could claim surgery failure compensation for negligence in cosmetic surgery.
  • Cancer Misdiagnosis Compensation Claims – A look at when a medical negligence lawyer could help you claim for suffering caused by a cancer misdiagnosis.
  • Hospital Negligence Claims – This guide looks at different types of medical malpractice in a hospital, not just in the operating theatre.

We hope this guide has addressed the question of ‘my operation has gone wrong how do I claim compensation?’. Once again, please don’t hesitate to get in touch with us today if you have any queries.

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