Multi Million Pound Settlement following Avoidable Birth Injury
Surgical Negligence: Surgery Errors & Negligence Claims and Surgical Injury Claims.
Have you or someone you love been a victim of surgical negligence? Surgical negligence occurs when a patient undergoes physical or psychological harm after a surgeon’s mistake or oversight during a clinical procedure.
Injuries can range from minor to severe and can affect anyone who has undergone surgery either on the NHS or privately.
Our medical negligence solicitors specialise in understanding the complexities of surgical errors, particularly those which should never occur – such as operating on the wrong body part or causing avoidable damage during a procedure. We are committed to help guide you through each step towards obtaining the compensation you rightfully deserve.
Our team is experienced in assessing surgical negligence claims, and are able to rapidly identify breaches of duty and establish causation – that is to find links between the surgical error and a patient’s injury. Although England and Wales have high surgical standards, errors are on the rise due to increased healthcare pressures and a high volume of surgeries. Affected patients will understandably want to know what went wrong; why things went wrong; and whether they are entitled to any compensation.
If you or a loved one has suffered a serious injury during surgery, call us now for a free assessment of your claim, and let us help you obtain the answers you need.
What are some types of Surgical Negligence?
Surgical negligence is defined as physical or psychological harm caused by surgeons and/or medical professionals during an operation. At Lanyon Bowdler, we recognise how important it is for medics to adhere to proper clinical standards in surgical care, but we also understand that often avoidable mistakes can occur. Some of the common types of surgical negligence we encounter include but are not limited to:
- Wrong-site surgery: Operating on the incorrect body part, i.e. wrong limb or organ, which can cause unnecessary pain and suffering, as well as delaying treatment of the actual area needing surgery.
- Foreign objects left in the body: Items like swabs, sponges, needles or surgical instruments left inside a patient post-operation can cause severe infections and pain and require additional surgeries to remove.
- Infections due to poor practices: The highest levels of hygiene and sterilisation are necessary in surgical environments. When these standards are not met, patients can develop serious infections, significantly impacting their recovery and overall health, and in some extreme cases, can lead to death.
- Anaesthesia errors: Administering anaesthesia precisely is critical for patient safety. Underdosage can lead to intraoperative awareness, whilst an overdose can lead to prolonged recovery, brain damage or even death.
- Nerve damage: Surgical precision is required to avoid damaging nerves. Accidental nerve damage during surgery can lead to loss of sensation, chronic pain or paralysis, and can permanently affect a patient’s quality of life.
- Incorrect surgical procedure: Performing the wrong procedure subjects a patient to unnecessary harm and can leave the original medical issue unaddressed, potentially worsening a patient’s condition.
- Delays in surgery: Postponing necessary surgical intervention can worsen a patient’s condition, leading to more complex and risky procedures and in some cases, diminishing the chance of full recovery.
- Organ damage: An error during surgery can lead to damage of the internal organs, which can cause infection and sepsis, requiring further surgical intervention to repair.
We believe in holding healthcare providers accountable for their actions, and ensuring victims of surgical negligence get the compensation and justice they deserve. If you’ve suffered surgical negligence, Lanyon Bowdler can support you through each step of the claims process.
What are the effects of Surgical Negligence?
Surgical negligence can have a devastating impact on patients – not only causing physical harm but also emotional, psychological and financial harm. At Lanyon Bowdler, we understand the sensitive nature of these effects and work to ensure our clients receive comprehensive support and compensation for all aspects of their suffering.
Physical impact
Unsurprisingly, the immediate aftermath of surgical negligence often involves significant physical pain worsened by the emotional distress of dealing with unexpected complications. These issues may require further corrective surgeries, prolonging recovery and worsening of the physical discomfort. Long-term health issues could also emerge, including chronic pain, impaired mobility or permanent disability, which can severely affect quality of life and ability to perform daily activities.
Emotional and psychological impact
Experiencing or even learning about a surgical mistake can cause severe psychological issues for a patient. Victims may suffer from anxiety, depression or post-traumatic stress disorder (“PTSD”) Trust in medical professionals can be lost, making patients reluctant to seek necessary medical care in the future.
Financial impact
Surgical negligence can also lead to significant financial issues for the victim and their family. Lost earnings due to an inability to return to work or the need for a career change as a result of physical limitations can cause financial strain in the immediate aftermath; and can also continue long term. There may also be a need for ongoing care, rehabilitation or modifications to the home to accommodate new physical limitations, all of which add to the financial toll.
Our dedicated team at Lanyon Bowdler is aware of the profound effects surgical negligence can have on every aspect of our clients’ lives. Our surgical negligence solicitors are committed to securing compensation for the physical injuries, emotional and psychological suffering and financial damages our clients endure. If you believe you or a loved one has been a victim of surgical negligence, we are here to offer expert legal advice and support to aid in your recovery and help rebuild your life.
Your Surgery Negligence questions answered
To be considered viable, surgical negligence claims in England and Wales must satisfy specific legal criteria to ensure the claim can be brought forwards.
Duty of care
Healthcare providers, including surgeons, nurses and hospitals, owe a legal duty of care to their patients under the law in England and Wales, requiring them to deliver care at an acceptable standard that a competent professional, in their field, would consider reasonable. Whilst this standard is not a measure of perfection, it reflects a level of skill and attentiveness that ensures patient safety and well-being. The duty of care is a fundamental principle, acknowledging the patient’s trust in their healthcare providers and the expectation of receiving safe and effective medical treatment.
Breach of duty
A breach of duty occurs when a healthcare provider does not meet the required standard of care, acting in a way that a reasonably competent professional in the field would not. Demonstrating a breach involves comparing against the considered acceptable medical practice. For example, if a surgeon performs a procedure without the required skill level or fails to follow established protocols or techniques which leads to an error occurring, this could constitute a breach of duty. The assessment typically relies on expert medical evidence to determine what a competent professional would have done in the circumstances.
Causation
Causation requires linking the breach of duty directly to the harm the patient suffered, demonstrating that the mistake was the direct cause of the patient’s injury or worsening condition. This aspect of the claim requires a clear, evidence-based connection between the surgeon’s action (or lack thereof) and a patient’s outcome, whilst determining whether the patient would have suffered the same harm if the breach had not occurred.
Damages
Damages is the legal term for monetary compensation which can be awarded to a patient for their physical injuries, financial losses and emotional distress. The purpose of awarding damages in surgical negligence cases is to compensate the victim for their losses and restore them, as far as possible, to the position they would have been in had the negligence not occurred. The range of amount of damages that can be awarded is vast, and can include the cost of additional medical treatments, pain and suffering, financial losses, and the impact on the patient’s quality of life.
Establishing these losses requires a thorough presentation of evidence, including medical records, expert testimony and a detailed account of the patient’s experiences and losses. At Lanyon Bowdler, our team of experienced medical negligence solicitors specialise in understanding the ins and outs of surgical negligence claims, ensuring our clients are properly represented.
Making a surgical negligence claim involves a structured process requiring careful preparation, proper legal expertise and a clear understanding of the steps involved.
The initial steps involve collecting all medical records, witness evidence and photographic evidence of injuries. These documents are crucial for supporting the claim. Everyone is entitled to their health records under the law in England and Wales, and you can request these from your healthcare provider – either in the NHS or in private practice.
When seeking compensation for surgical negligence, expertise matters. It is important to choose a solicitor with a strong track record in medical negligence. At Lanyon Bowdler, our team’s experience and success in similar cases will be vital to your claim. We offer a free initial assessment of your case to help you understand the viability of your claim and the way forward.
Once the medical records have been reviewed and independent expert evidence obtained that supports a claim for avoidable injury arising due to surgical negligence, your solicitor will draft a Letter of Claim to the healthcare provider detailing the negligence and its impact on your life. Many cases are settled through negotiation, where your solicitor will work to secure fair compensation without going to court. If necessary, your solicitor will commence formal court proceedings and present your case to the court and argue your case. We handle most of the medical negligence cases we take on under a No Win No Fee agreement, which minimises your financial risk.
Taking the steps towards making a surgical negligence claim can seem overwhelming, but with the correct legal support, you can get the justice you deserve. Lanyon Bowdler’s team of experts is here to guide you through the legal complexities of the process, and always with your best interests in mind.
Typically, you have three years to make a Surgical Negligence Claim – beginning either from the date of your surgery or when you discover that surgical negligence caused your injury. The exceptions to this rule include:
- Claims on behalf of children: If you are claiming on behalf of a child, you can claim at any time before your child reaches the age of 18. Once they reach 18, they can make their own claim until they’re 21.
- Mental capacity: If a claim is made on behalf of someone who doesn’t have the mental capacity to claim themselves, there are no time limits.
If you believe that you or a loved one has suffered from surgical negligence, you should aim to contact a legal professional as soon as possible to make it easier to gather evidence in support of your claim.
The amount of compensation you can claim depends on several factors, including your circumstances and the severity of your injury caused by surgical negligence. This varies between individuals, but Lanyon Bowdler’s specialised team has the knowledge and expertise to ensure that you and your family have a higher chance of receiving the maximum compensation that you’re entitled to.
Compensation includes the award for the pain and suffering your illness caused you, along with any additional reimbursement for financial losses, care needs and medical treatment and care.
Our General Surgery Negligence Expertise
Our team of medical negligence specialists at Lanyon Bowdler is highly skilled and experienced in all matters related to general surgery negligence. Contact us today to assess your case, with no obligations.
Lanyon Bowdler’s medical negligence team is recognised in Tier One for the West Midlands in the 2024 edition of The Legal 500, which states, ‘The highly experienced team has substantial expertise in a variety of catastrophic injury cases, also including amputations and fatal claims, and continues its key engagement in a large number of birth injury cases involving the Shrewsbury and Telford Hospital NHS trusts.’
A testimonial reads:
‘Lanyon Bowdler are a top quality clinical negligence firm, and head and shoulders above other regional firms in this sector. The team is excellent, and works on cases of all values. Claims are thoroughly investigated, and run with confidence’.
Chambers UK 2024 rank the department in Band One and state ‘an impressive practice group with a growing presence across the West Midlands. The team offers specialist advice across the full gamut of clinical negligence mandates, with particular experience in cases of surgical error, delayed diagnosis and failure to supervise those at risk of suicide. The firm is additionally skilled in cases relating to post-surgical negligence, brain injury and fatal claims.’
In 2022 the team were shortlisted for Clinical Negligence Team of the Year at the Eclipse Proclaim Personal Injury Awards in Manchester, an award they won in 2018 beating off competition from across the UK.
Kay Kelly, former head and now consultant for the team, said: “This is absolutely wonderful news and is a fitting tribute to the expertise and dedication of our clinical negligence lawyers.
“Clinical negligence is a particularly sensitive area of law which makes a tremendous difference to people’s lives. A successful claim can be vital for the person’s recovery and future quality of life, so to be recognised as being the best team in the country for our work means a great deal.”
The team is both proud and delighted to have won this award.
What our clients say.
Contact Lanyon Bowdler Solicitors
Please get in touch with one of our specialist medical negligence lawyers if you consider you may have a surgical negligence claim.
At Lanyon Bowdler, we take pride in being a friendly and approachable law firm, so please get in touch if you or a loved one have been affected by a surgical procedure that has not gone to plan. Our team will be happy to talk you through the process of filing a compensation claim. There is no obligation for you or any charges for our initial assessment.
By choosing Lanyon Bowdler for any serious injury or medical negligence claim, you can rest assured that you have the best legal expertise on your team. Lanyon Bowdler’s Medical Negligence Team is widely acclaimed and recognised as one of the best Clinical Negligence Departments in the country. We are committed to providing exceptional levels of client care and will work closely and considerately with you to help find the best outcomes and help to get your life back on track.
We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford and can act for clients throughout Shropshire, Herefordshire, Mid and North Wales and across the Midlands (including Wolverhampton and Birmingham). As a leading full-service law firm, we can represent you wherever you live in England or Wales.
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