Minor surgery injury claims Guide – How Much Compensation Can I Claim Amounts
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 this has resulted in you falling ill or getting worse, there is every chance you will be entitled to compensation for losses sustained. Here at Legal Expert, we 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 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
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 well 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 who are 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 guide, you will discover everything you need to know about these sorts of claims. This includes details regarding the surgical negligence definition, what counts as negligence and what doesn’t, as well as 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.
Before we go into further detail about claiming and what is entailed, it is important to give a definition of minor surgery so you can understand a little better what this is. Minor surgery relates to any invasive operative 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.
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 results of the surgery, this does not necessarily mean that there has been any negligence. However, if you can show that the medical professional acted negligently with regards to his or her 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 is applicable to your case:
- Inherent risks were not rectified at the earliest possibility.
- Inherent risks were not spotted when they should have been spotted.
- You were not informed regarding the extent of the damage that could be caused because of such a risk.
- You were not informed that there were any risks due to the procedure that was being carried out.
Not only can compensation for minor surgery claims be sought on the basis of the pain and suffering that resulted, but also the impact on the person’s mental health too. After all, doctors are in a position of trust and any errors can have a profound impact on some individuals.
In the United Kingdom, the number of surgical errors that are taking place are 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 take into account 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.
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 his or her duty because this has fallen below the standard of care that is expected.
There are different types of minor surgery claims. However, they tend to fall into one of 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: This refers to incidents whereby 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.
- Vicarious Liability: This refers to surgical negligence cases whereby a payout is claimed against the organisation that operates the hospital and manages the surgeon. This means that rather than making a claim against 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 the health of any patient is a high priority. In such circumstances, the medical practitioner will have failed in his or her duty. If the medical practitioner is deemed to have acted negligently, it is highly likely that he or she will 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.
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 make a recovery within a matter of weeks or months, whereas others can be left with lifelong consequences. This will all be considered when determining the payout you receive. It is also important to note that the psychological impact of what has happened will be factored in too.
If you want to make a claim for minor surgery errors, you should be allowed to claim for two types of compensation. 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 while 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.
A lot of 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, and so there is no time to wait.
This is applicable to cases whereby the person who has been injured is over the age of 18-years-old. However, if the person was a child when they were injured, they have up until the age of 21-years-old to make a surgery error compensation claim.
Personal injury compensation how much will I be entitled to? This is a question we often get asked. It is important to understand that personal injury compensation amounts are dictated on a basis that is entirely individual. This means that your case is assessed on its own merits and you are awarded the right amount based on what happened to you. Because of this, it is just not possible to give you a 100 per cent accurate compensation figure beforehand. You might possibly 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 than what has quoted. This does not mean that you cannot get an understanding of your payout amount, though. In the illustration below, we take a look at the average payout amounts for cases relating to minor surgery mistakes. This should help to give you some understanding of what you may receive.
|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 regarding the level of compensation for minor surgery claims. However, if you cannot find the injury you have suffered from in the table above, there is no need to fret. You can still make a claim. All you need to do is give us a call and we can explain the average sort of payout in further detail once we know what has happened to you.
There are some important tips and steps to take in order 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 you will find it a lot easier to claim the sooner you do so. This is because you will find it easier to gather crucial evidence, such as witness statements, and the details will be fresh in your mind.
- Take photographs of your injury
- Gather contact details – Try and get the contact information of any witnesses.
- Make a note of everything that happened – It is a good idea to jot down everything that occurred in as much detail as possible. You are bound 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 – If you want to have a good chance of getting the full amount of compensation you deserve, you need a quality law firm on your corner. Legal Expert is this law company. We have an abundance of experience and an incredible reputation in the industry. All of our panel of solicitors we connect you with work on a No Win, No Fee basis as well, which means you will only need to pay legal fees if your case is a success.
With a No Win, No Fee solicitor, you are only going to pay legal fees if your case is a success. All these claims are one hundred per cent No Win, No Fee at Legal Expert, so let’s take a look at the benefits associated with this.
- Monetary risk is eliminated – This is the main reason why so many people opt for a No Win, No Fee If your case is not deemed successful, you will not be required to pay any legal fees. This is exceptionally beneficial because most people cannot afford the risk of investing significant sums of money only for their solicitor to fail in securing compensation for them.
- No large upfront payment required to start your claim – This is beneficial for those who do not have the cash available to fund the large initial costs that are associated with going ahead with the services of a traditional personal injury solicitor. Instead, you do not need to make an enormous upfront payment in order to begin the claim process.
- Better service guaranteed – The two benefits that have just been mentioned come together to make certain that you experience a service of an exceptional quality. This is because the personal injury lawyer is going to work as hard as they can to make sure that your case is a success, as the outcome of the case is going to impact the amount of money they receive for the work that they have put in. Basically, it ensures they are accountable.
The only thing you need now is a quality law firm that can fight your corner, and luckily you don’t need to search far. Legal Expert is one of the leading personal injury claims companies in the whole of the UK. If you take a look at our reviews on the Internet, you will see that we have an exceptional reputation in this industry. This is based on decades of experience whereby we have successfully helped thousands of people who are personal injury victims to get the compensation they deserve. Will you be next? All of our provided solicitors work to a No Win, No Fee payment agreement, which means you will only pay legal fees if we successfully secure compensation for you. Therefore, you can be sure of a 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.
If you would like more information on securing compensation for minor surgery claims or you 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 numbers is 0800 073 8804. We also have a live chat feature on our website and you can ask for a free call back if you would prefer. To see our contact details in full, click here.
We hope you have found this guide useful. However, if you still need further information, the links below may be of assistance.
Medical Claims– This leads you directly to our guide on clinical and medical negligence claims where you should find much more information regarding making claims due to mistakes made by medical professionals.
All about surgery– This leads you on to the NHS site where you should be able to find information about having a surgery. This not only includes details on what happens on the day of the operation, but also advice on seeing a specialist, details regarding before the surgery and afterwards too.