The extent of your suffering determines the amount of surgery negligence compensation you can claim and whether you have incurred financial losses. Having surgery is a nerve-wracking event that requires us to put our trust in medical professionals to provide us with the correct standard of care. When surgery patients receive care that falls below the required standard, long-term, debilitating harm can result. If you suffered unnecessarily in circumstances such as these, you may be able to pursue a claim for surgical negligence.
Here at Public Interest Lawyers, our advisors support potential claimants by addressing initial concerns, including eligibility for claiming. They can also talk you through how to claim, so you feel confident taking that first step. When it comes to our panel of medical negligence solicitors, they support clients on No Win No Fee terms because accessible representation is at the heart of what they do. If you would like to talk to an advisor on whether Public Interest Lawyers is the right fit for you, get in touch using the contact details below:
Frequently Asked Questions
- How Much Surgery Negligence Compensation Can I Claim?
- Can Compensation For Surgical Negligence Cover Other Losses?
- Can I Make A Claim For Negligent Surgery?
- Fatal Surgical Negligence Compensation
- What Are Some Examples Of Negligence In Surgeries
- How Should Surgical Negligence Be Prevented?
- What Is The Process For Bringing A Surgical Negligence Claim?
- Can Surgical Negligence Compensation Be Claimed On A No Win No Fee Basis?
- More Information
How Much Surgery Negligence Compensation Can I Claim?
The amount of surgery negligence compensation you can claim is dependent on the degree to which you suffered unnecessarily, the extent to which this affects daily life, and whether you have incurred financial losses. Any pain and suffering is covered by a head of loss called general damages, which can encompass the physical and psychological effects of the harm you experienced.
When calculating general damages, your solicitor may utilise the Judicial College Guidelines (JCG) to assist them. This is because the document outlines a multitude of harms, their severities, and associated suggested compensation brackets.
We’ve provided a table below containing several brackets from the JCG, but please use the contents for guidance only. None of the entries guarantees surgery negligence compensation, and the row with the highest value isn’t from the JCG.
| HARM | SEVERITY | COMPENSATION BRACKET |
|---|---|---|
| Multiple Severe Types of Harm with Special Damages | Severe | Up to £1 Million+ with special damages covering things like loss of future earnings, private treatments, and care costs |
| Arm | Loss of Both Arms | £293,850 to £366,100 |
| Arm | Loss of One Arm (i) - Amputated at the Shoulder | Not Less Than £167,380 |
| Arm | Loss of One Arm (ii) - Above the Elbow | £133,810 to £159,770 |
| Leg | Below-Knee Amputation of Both Legs | £245,900 to £329,620 |
| Leg | Above-Knee Amputation of One Leg | £127,930 to £167,760 |
| Brain and Head | Moderate (i) - Moderate to Severe Intellectual Deficit | £183,190 to £267,340 |
| Bowels | b) - Total Loss of Natural Function | Up to £183,190 |
| Bladder | Seriously Impaired Control | £78,080 to £97,540 |
| Scarring to Other Parts of the Body | Several Noticeable Laceration Scars/One Single Disfiguring Scar | £9,560 to £27,740 |
Are you wondering how much compensation you might be eligible to receive? Get in touch to receive a free surgery negligence compensation estimate.
Can Compensation For Surgical Negligence Cover Other Losses?
Yes, compensation for surgical negligence can cover other losses, specifically financial, such as lost wages, private treatments, and the cost of professional care, under a head of claim called special damages.
Please have a look at some more examples of claimable losses below:
- Gratuitous care provided by friends and family
- Medical expenses, such as prescription fees
- Travel expenses built up from attending multiple appointments
- Child care costs
- Home adaptations to improve overall accessibility
- Loss of earnings in the future, such as bonuses and promotional opportunities
If you believe you are eligible for special damages, you will need to prove that you have incurred financial losses by providing evidence. This can include records such as payslips, receipts, and invoices.
Have you encountered financial difficulties as a direct result of the harm you have suffered? Contact our advisors today to share your situation in confidence and find out whether you can claim surgical negligence compensation.
Can I Make A Claim For Negligent Surgery?
You can make a claim for negligent surgery if you are able to prove that a medical professional, such as a surgeon, provided substandard care that directly caused you harm deemed avoidable or unnecessary.
Below, you will find the eligibility criteria you will need to meet to pursue a surgery negligence compensation claim:
- You were owed a duty of care: A medical professional owes you a duty of care as soon as they agree to treat you. This means they must provide you with the minimum standard of care expected of them. For example, your surgeon can meet this obligation to you as their patient by ensuring they obtain your informed consent.
- This duty of care was breached: This means that your surgeon (or another professional) provided substandard care. For example, they may have used excessive force during an operation contrary to their training.
- This breach caused you to suffer harm: The harm you experience because of a medical professional breaching their duty of care towards you must be avoidable. The harm can include both physical (such as an infection from poor surgical hygiene) and psychological (e.g., PTSD and anxiety) symptoms.
If you satisfy these eligibility elements, you may be entitled to claim compensation. If you contact our advisors today, they can assess your case and determine if you can claim at no extra charge.
Surgery Negligence Claims Against The NHS
You can make a surgery negligence claim against the NHS, so long as the care you received fell below required standards and caused unnecessary suffering. If you were to claim, your case would be handled by an arm’s-length body of the Department of Health and Social Care called NHS Resolution.
NHS Resolution acts like an insurer when handling claims on behalf of trusts, meaning any compensation will be paid by them. In other words, NHS services will not be affected by a successful surgery negligence compensation claim.
Can Claims Be Made On Behalf Of A Loved One?
Yes, claims can be made on behalf of a loved one if they are too young or mentally incapacitated to pursue compensation without the help of an eligible adult. This is made possible by becoming their litigation friend.
In simple terms, a litigation friend can claim on behalf of a loved one when they are unable to pursue a claim on their own because they:
- Lack mental capacity
- Are under 18 years old
As a litigation friend, you will keep the protected person’s best interests in mind at all times and be responsible for the decision-making, representation, and communication with legal professionals. Notably, the courts can appoint you as a litigation friend, or you can apply to become one.
Whether you’d like to learn more about this role or surgery negligence compensation claims more broadly, simply connect with a trusted advisor who can talk you through the process.
Fatal Surgical Negligence Compensation
A fatal surgical negligence compensation claim can be made when a medical professional’s negligent actions have resulted in a person’s death.
For the first 6 months after a patient’s death, the Law Reform (Miscellaneous Provisions) Act 1934 limits the ability to claim compensation to the deceased’s estate. This claim would apply to the deceased’s pain and suffering, as well as any financial losses they incurred.
Additionally, the estate can pursue compensation for eligible relatives. However, if no such claim is made during the 6-month window, then the Fatal Accidents Act 1976 (FAA) enables qualifying dependants to pursue surgical negligence compensation for the impact the death has had on them.
If you would like to explore this area of claiming further, please read our in-depth guide on fatal injury compensation. Alternatively, feel free to contact an advisor for clear and sensitive guidance on fatal surgical negligence claims.
What Are Some Examples Of Negligence In Surgeries?
Some examples of negligence in surgeries include operating on the wrong site, leaving surgical instruments or other foreign objects inside the body, and anaesthesia errors (e.g., administering the wrong dose). Surgical negligence can also occur because of:
- Inadequate pre-operative planning: Your surgical team proceeds with your spinal procedure without sufficient pre-op imaging. This results in the surgeon cutting too deeply during an incision, causing permanent nerve damage.
- Incorrect procedures: You are supposed to undergo a laparoscopy, but your records are mixed up with another patient’s. Due to this, your surgeon unnecessarily removes one of your kidneys.
- Unsterile conditions: Poor hygiene standards at a hospital lead your surgical team to perform a mastectomy with several unsterilised instruments. You subsequently develop sepsis, leaving you with multiple organ failure.
- Insufficient monitoring: Despite being identified as being at high risk of developing a blood clot, you are not closely monitored after your surgical procedure. The result of this failure is a pulmonary embolism, causing permanent lung damage and long-term anxiety.
No matter your circumstances, if you believe you’ve experienced surgical negligence, please call an advisor today for free guidance.
How Should Surgical Negligence Be Prevented?
Surgical negligence should be prevented by strict adherence to safety protocols, thorough planning, and the use of pre-operative checklists. Other preventative measures can include:
- Implementing robust communication amongst staff
- Ensuring that a thorough pre-operative patient verification is completed
- Marking the surgical site
- Fostering a safety culture with accountability
- Providing ongoing education and training opportunities for surgical staff
- Regularly maintaining and inspecting equipment
If you believe that a medical professional has failed to follow one or more of these preventative measures, leading to you suffering harm, please connect with an advisor today.
What Is The Process For Bringing A Surgical Negligence Claim?
The process for bringing a surgical negligence claim involves gathering as much evidence as possible to support your account of events, such as your medical records, and adhering to the legal time limit.
Addressing the former first, providing evidence establishes your version of what happened and can show how a medical professional’s negligent actions caused you to suffer avoidable harm.
Strong pieces of evidence which you can use to support your surgery negligence compensation claim include:
- Photographs or video footage of the surgery site
- A personal journal detailing your emotional state, level of pain, and symptoms
- Contact details of witnesses to provide to your solicitor, who can then write up eyewitness statements
- Any correspondence, such as emails, between you and the medical institution
Moving on to time limits, you typically have 3 years from the date you suffered unnecessarily to start a medical negligence claim, as per the Limitation Act 1980. However, this time limit can also start from the date of knowledge, which is when you became aware of the negligence.
With that being said, claims involving minors and vulnerable adults lacking mental capacity are exempt from this time limit since, as we’ve mentioned, neither group can pursue compensation by themselves. You can find out more about these exceptions by reading another of our guides, specifically on the limitation period.
If you require assistance in gathering evidence or understanding time limits in relation to securing surgery negligence compensation, please get in touch today to find out how a solicitor from our panel can support you.
Can Surgical Negligence Compensation Be Claimed On A No Win No Fee Basis?
Yes, surgical negligence compensation can be claimed on a No Win No Fee basis if you decide to work with a solicitor from our solicitors. They have helped people like you across the UK, providing compassionate, dedicated support throughout the process of securing compensation.
Our panel of No Win No Fee solicitors offer a Conditional Fee Agreement. This means you won’t have to pay for your solicitors’ service fees at several stages of your claim:
- If your claim for surgery negligence compensation is unsuccessful
- While your claim is in progress
- At the start of the claims process
If you have a successful surgical negligence claim, your solicitor will receive a legally limited percentage of your compensation. This cap is outlined in the Conditional Fee Agreements Order 2013, and your solicitor will fully explain what their success fee entails before you start claiming.
Support Services
Here at Public Interest Lawyers, our solicitors delivers a service that recognises that every client and claim comes with unique circumstances. Your health and well-being will be a top priority for your solicitor, and they will strive to make the process run as smoothly as possible for you. With client care foremost in mind, your solicitor can provide a range of services, such as:
- Putting you in touch with specialists who can support your rehabilitation over the short and long term
- Gathering evidence on your behalf so you can focus on the stuff that matters
- Making sure the relevant time limits are adhered to
- Following all instructions to the letter and being on time for every deadline
- Making sure your compensation accurately reflects both the damages and losses encountered
You deserve legal representation that is both experienced and compassionate and will be by your side every step of the way. That is what you can expect if you pursue surgery negligence compensation with a solicitor from our panel here at Public Interest Lawyers.
Contact Public Interest Lawyers
Get in touch using the contact information below if you would like to speak to us about your claim or need FAQs answered:
- Speak to us over the phone on 0800 073 8803
- Contact us online
- Text us using our live chat feature
More Information
Some other guides by us:
- Read our guide on cosmetic surgery negligence.
- Take a look at our guide on suing your doctor for negligence.
- Have a read of our guide on how NHS payouts are calculated.
External resources:
- Check your eligibility for Statutory Sick Pay (SSP).
- Read up on the regulation of surgeons from the Royal College of Surgeons of England.
- This resource provides advice for claimants from NHS Resolution.
Thank you for taking the time to read our guide on surgery negligence compensation.