Minor surgery injury claims Guide – How Much Compensation Can I Claim Amounts
By Mark Ainsdale. Last Updated 13th August 2021. Welcome to our minor surgery injury claims guide. Have you been the victim of minor surgery negligence, whether on the NHS or privately? If the health care professional that was carrying out the surgery or attending to you before or afterwards has made a mistake or demonstrated a lack of care, and the result was that you suffered an injury or became ill, there is every chance you or a family member that suffers will be entitled to compensation for losses sustained.
Here at Legal Expert, our specialist solicitors have helped many people in your position to secure the maximum personal injury compensation amounts for minor surgical errors both on the NHS and privately. And we can help you to make a successful claim too. For more information, you can reach us on our personal injury claims line any day of the week by calling 0800 073 8804. But before you give us a ring, please read on for our compensation and minor surgery in general practice guidelines.
Select A Section
- A Guide To Minor Surgery Claims
- What Is Minor Surgery?
- Mistakes Made During Minor Surgery
- Are Surgical Mistakes Common?
- Are All Minor Surgery Risks Unavoidable?
- Different Types Of Minor Surgery Error Claims
- Long Term Impact Of Minor Surgical Errors
- What Could Your Minor Surgery Claim Include?
- Time Limited On Surgical Error Claims
- Minor Surgery Claims Calculator
- Making A Minor Surgery Error Claim
- No Win No Fee Minor Surgery Claim Claims
- Why You Should Make Your Claim With Us?
- Speak To Legal Expert Today
- Resources And Useful Links
A Guide To Minor Surgery Claims
When we go to hospital, we expect to leave feeling better than we did when we arrived. We put our faith in the hands of the hospital as a whole and the healthcare professionals that are treating us to do their job as they are able and have been trained to do. Therefore, when accidents happen, it can be very traumatic. All patients are entitled to a duty of care from the surgeons and medical professionals looking after them. If you feel like you have been failed in this regard, you could be entitled to compensation. We can help you to secure the maximum payout available.
In this minor surgery injury claims guide, you will discover everything you need to know about these sorts of claims. This includes details regarding the definition of surgical negligence, what counts as negligence and what doesn’t, and the different types of surgical error claims. You will also discover the typical payouts for personal injury cases of this nature, how to launch a claim, the time limits on claiming, and much more.
What Is Minor Surgery?
Before we go into further detail about claiming and what is entailed, it is important to define minor surgery so you can understand a little better what this is. Minor surgery relates to invasive procedures in which only the connective tissue and the mucus membranes or skin are resected. Minor surgery should be effective, prompt, and safe. In the vast majority of cases, these are small procedures involving stitching tissue or cutting.
Mistakes Made During Minor Surgery
Every type of surgical procedure comes with some degree of risks. There are incidents whereby scarring and wound infections can happen without there being any medical negligence. Also, if you are unhappy with the surgery results, this does not necessarily mean that there has been any negligence. However, if you can show that the medical professional acted negligently regarding their duty of care to the claimant, and this has caused an injury, you will be able to start claiming for minor surgery errors.
In the case of an individual suffering minor injuries and cuts because of a surgical procedure, you may be able to seek compensation if one of the following applies to your case.
Examples
- Inherent risks were not rectified at the earliest possibility.
- Any inherent risks were not spotted when they should have been spotted.
- You were not informed regarding the extent of the damage caused by such a risk.
- You were not informed that there were any risks due to the procedure that was being carried out.
Compensation for minor surgery claims can be sought based on the pain and suffering that resulted and the impact on the person’s mental health. After all, doctors are in a position of trust, and any errors can profoundly impact some individuals. So, if you find yourself in this position, please speak to us about filing minor surgery injury claims.
Are Surgical Mistakes Common?
In the United Kingdom, the number of surgical errors that are taking place is increasing. Every year, out of the 4.6 million surgical admissions to the NHS, 300 of these are deemed ‘never events.’ While this is a very small percentage, if minor surgery negligence does happen, the impact can be truly devastating for that individual. It is also worth noting that these figures only consider NHS incidents and that there are no published figures for private hospital cases. All in all, while an error during surgery may be a rare occurrence, it can be a very serious one.
When making a claim for compensation for an operation gone wrong, the severity of the error will be taken into account. The highest compensation settlements are awarded for cases resulting in amputation, long-term health damage and, of course, death. However, the most common mistakes are typically benign, including leaving a foreign or surgical object in the individual’s body, for example, a sponge or a towel. If discovered, this sort of mistake can be resolved. Nevertheless, the resulting health issues and implications can still be deserving of compensation. Learn how to claim by reading on.
Are All Minor Surgery Risks Unavoidable?
When going to hospital, every patient is entitled to expect what is deemed as a reasonable standard of care when they are receiving minor surgery or any other type of treatment for that manner. This means that all healthcare staff needs to take the required steps to avoid any risks and to rectify any incidents or errors if they do happen. For example, if a mistake was made, such as an organ being damaged or cut during surgery, and this was not deemed an inherent risk, it could be said that the medical practitioner has breached their duty because this has fallen below the standard of care that is expected. And this breach of duty is imperative for any minor surgery injury claims to be successful.
Different Types Of Minor Surgery Error Claims
There are different types of minor surgery claims. However, they tend to fall into the following four categories: gross negligence, vicarious liability, comparative negligence, and contributory negligence. So, let’s take a look at each one in further detail.
- Contributory Negligence refers to incidents where the claimant is deemed partly responsible, yet the medical professional is also at fault. You may have, for example, failed to act or acted in a manner that contributed to the injury. In such cases, the compensation for surgical errors will typically be lower to reflect your involvement.
- Comparative Negligence: Again, the victim will share the blame in such cases. Most of the time, the balance of blame between the victim of the injury and the health care professional will be determined during a court case. A payout will then be awarded based on this.
Further examples
- Vicarious Liability refers to surgical negligence cases where a payout is claimed against the organisation that operates the hospital and manages the surgeon. This means that rather than claiming an individual surgeon, you may make a claim against a private hospital or, indeed, the NHS.
- Gross Negligence: Last but not least, we have gross negligence, which is the most serious out of the four categories. This relates to personal injury cases whereby the medical practitioner has completely disregarded the health of the patient. It is vital to note that there is a duty placed upon all medical practitioners by law to ensure any patient’s health is a high priority. In such circumstances, the medical practitioner will have failed in their duty. If the medical practitioner is deemed to have acted negligently, they will likely lose their license.
Don’t worry if you are unsure regarding what category your medical surgical procedure injury fits into. We can help you to determine this during your free consultation.
Long Term Impact Of Minor Surgical Errors
When determining how much medical compensation you will receive, the long-term impact of the surgical error will be considered. Surgical error injuries can range in severity dramatically. Some people will recover within a matter of weeks or months, whereas others can be left with lifelong consequences. These are significant considerations when determining the payout you receive for your minor surgery injury claims. It is also important to note that the psychological impact of what has happened will be factored in.
What Could Your Minor Surgery Claim Include?
If you want to claim minor surgery errors, you should be allowed to claim two compensation types. The first is general damages, and this is designed to compensate you for your injuries and help you through the recovery process. It is vital to note that this refers to both physical and psychological injuries. However, you can also claim for special damages, with prime examples including care. At the same time, you recover treatment expenses, prescription costs, loss of earnings, hospital visits and parking, travel expenses and childcare costs. These are out of pocket expenses you have incurred because of your injuries, and you can often claim for them so long as you have proof, i.e. receipts and any other relevant documents.
Time Limited On Surgical Error Claims
Many people end up missing out on compensation because they have left it too long to make a claim. There is a three-year time limit on all claims, and this begins from the date of the accident. Three years may seem like a really long time, but court proceedings must be issued within this time frame, so there is no time to wait.
This applies to cases whereby the person who suffers an injury is over the age of 18-years-old. However, if the person was a child when they suffer an injury, they have up until the age of 21-years-old to make a surgery error compensation claim.
Minor Surgery Claims Calculator
Personal injury compensation; how much could I receive? This is a question we often hear. It is important to understand that personal injury compensation amounts vary on an entirely individual basis. This means that we assess your case on its own merits, and you receive the right amount focusing on your situation. Because of this, it is just not possible to give you a 100% accurate compensation figure beforehand. You might be thinking, “I used a negligence compensation calculator, and it said I would receive ‘X amount.” Any personal injury claims calculator will only ever provide you with a very brief estimate, so it is vital not to pin any of your expectations on this.
It could even be that you receive more. This does not mean that you cannot get an understanding of your payout amount, though. The illustration below looks at the average payout amounts for cases relating to minor surgery mistakes. This should help give you some understanding of what you may receive once you discover how to claim.
| What sort of injury was suffered? | Description of the injury | The typical payout amount for this sort of injury |
|---|---|---|
| Minor Finger Injuries | Such as soft tissue damage or nails that have been torn off. | Up to £4,160 |
| Minor Wrist Injuries | Such as soft tissue damage, dislocations and other injuries that will heal rapidly. | £3,090 to £4,160 |
| Minor Thumb Injuries | Such as soft tissue damage or nails that have been torn off. | Up to £3,460 |
| Minor Neck Injuries | Cuts, abrasions and minor sprains which will heal quickly. | Up to £2,150 |
| Minor Leg Injuries | Soft tissue damage, sprains and very minor fractures. | Up to £10,380 |
| Minor Hand Injuries | Such as soft tissue damage, cuts and abrasions. | £800 to £3,810 |
| Minor Foot Injuries | Such as soft tissue damage, simple fractures and lacerations, which will heal rapidly. | Up to £12,050 |
| Minor Back Injuries | Sprains, lacerations and bruising which will heal rapidly and have no lasting affect. | Up to £10,970 |
| Minor Ankle Injuries | Such as soft tissue damage, minor sprains, and other quick healing damage. | Up to £12,050 |
Hopefully, you now have a better understanding of the level of compensation for minor surgery claims. However, if you cannot find your injury in the table above, there is no need to fret. You can still make minor surgery injury claims. All you need to do is give us a call, and we can explain the average payout in further detail once we know what has happened to you.
Making A Minor Surgery Error Claim
There are some important tips and steps to take to make a successful personal injury claim. This includes the following:
- Claim as soon as possible – Not only is there a three-year personal injury claims time limit, but it’s easier to claim sooner. This is because it’s easier to gather crucial evidence such as witness statements, and the details will be fresh.
- Take photographs of your injury.
- Gather contact details – Try and get the contact information of any witnesses.
- Make a note of everything that happens – It is a good idea to jot down everything in as much detail as possible. You are likely to forget something later down the line. And you never know what could be important to the case.
- Report the incident to the hospital
- Contact Legal Expert – To have a good chance of getting full compensation, you need a quality law firm in your corner. Legal Expert is that law company. We have an abundance of experience and an incredible reputation in the industry. All of our panel of solicitors work on a No Win No Fee basis as well. This means you will only need to pay legal fees if your case is a success.
No Win No Fee Minor Surgery Claims
With a No Win No Fee solicitor, you only pay legal fees if your case succeeds. All these claims are No Win No Fee at Legal Expert, so let’s take a look at the benefits of this.
- Eliminating monetary risk – This is the main reason why so many people opt for a No Win No Fee claim. If your case isn’t successful, you don’t pay any legal fees. This is beneficial because most people cannot afford the risk of investing significant sums of money only to lose.
- No large upfront payment is necessary to start your claim – This is beneficial for those who don’t have the cash available to fund the large initial costs. Instead, you don’t need to make an enormous upfront payment to begin the minor surgery injury claims process.
- A guarantee of better service – These two benefits come together to ensure that you experience a service of exceptional quality. This is because the personal injury lawyer must work as hard as possible to win your case. After all, the outcome of the case impacts the amount of money they receive. Basically, it ensures they are accountable.
Why You Ought to Make Your Claim With Us?
The only thing you need now is a quality law firm that can fight your corner. Luckily, you don’t need to search for it. Legal Expert is one of the leading personal injury claims companies in the whole of the UK. Looking at our reviews online, you will see that we have an exceptional reputation in this industry. This is based on decades of experience in successfully helping thousands of victims to get compensation. Will you be next?
All of our solicitors work to a No Win No Fee payment agreement. So, this means you will only pay legal fees if we successfully secure compensation for you. Therefore, you can be sure of great service as well as monetary protection. We always put you, the customers, first, too. And we have an excellent track record for securing the highest payout amounts.
Speak To Legal Expert Today
If you would like more information on securing compensation for minor surgery claims or are ready to get going, you can get in touch with Legal Expert today. We are open seven days a week, from 9.00 a.m. until 9.00 p.m. So, you can give us a call whenever convenient for you. Our contact number to discuss minor surgery injury claims is 0800 073 8804. We also have a live chat feature, and you can ask for a free callback if you prefer. To see our contact details in full, click here.
Resources And Useful Links
We hope this guide is useful. However, if you still need further information, the links below may be of assistance.
Medical Claims– This leads to our guide on clinical and medical negligence claims and making claims due to mistakes made by medical professionals.
All about surgery– This leads you to the NHS site, where you should be able to find information about having surgery. This includes details on the day of the operation, seeing a specialist, details before the surgery and afterwards.
Minor Surgery Injury Claims FAQs
How long after surgery can you claim?
You can claim up to 3 years after the surgery in which to make a claim.
How much compensation do you get for a soft tissue injury?
You could receive anything from £2,600 to £36,000, depending on the severity of the injury.
Can you sue if an operation goes wrong?
Yes, there would be grounds for you to claim if your operation has a poor outcome.
Can I claim for nerve damage after surgery?
Yes, especially if the nerve damage comes from out of nowhere purely due to the surgery.
Should I accept the first offer of compensation?
No, because you’re probably going to receive some larger offers later on.
What is fair compensation for pain and suffering?
This is around 80% of what the claimant is asking for as part of their case.
What are the 4 types of negligence?
These are gross, contributory, comparative and vicarious negligence.
How long does it take for me to receive compensation?
The victim should receive their settlement within 28 days.
Thank you for reading our minor surgery injury claims guide.