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Medical Negligence Claims

Surgery Compensation Claims

Mistakes made during an operation can leave you with unnecessary pain and suffering. If you’ve suffered due to surgical negligence our lawyers could help you claim compensation from the NHS, private hospitals or clinics.

What Constitutes Surgical Negligence?

Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation leaving you with further problems or injuries. Your surgery and care should meet certain clinical standards, but sometimes mistakes are made.

We could help you make a claim if your surgeon or medical professional:

  • Performed the wrong operation or operated on the wrong body part
  • Left foreign objects in the body
  • Caused infection from poor hygiene
  • Didn’t inform you about the risks of surgery or check your suitability for surgery
  • Injected too much/little anaesthetic
  • Caused nerve damage or injury to your organs.

If you’ve suffered an injury from an operation then you could make a claim. Contact our solicitors today on 0800 121 6567 or contact us online.

Can I Claim Compensation For A Surgical Error?

If mistakes were made during your operation, you could be able to claim compensation. To make a claim, you’ll need to prove your surgeon or medical professional didn’t meet certain standards, and that this caused you injury.

You could make a claim for yourself or on behalf of a loved one who can’t claim themselves (for example a child or someone without the mental capacity).

What Are The Time Limits For Making A Surgical Negligence Claim?

You’ll normally have three years to make a claim, either from the date of your surgery or from when you discovered surgical negligence caused your injury. However, there are some exceptions to this rule:

  • Claims on behalf of children – these can be made any time before your child is 18. Once they’re 18 they can make their own claim until they are 21
  • Mental capacity – there are no time limits to make a claim on behalf of someone who doesn’t have the mental capacity to claim themselves.

If you or a loved one has suffered from surgical negligence it’s best to contact a legal expert as soon as possible. This will make it easier to gather evidence in support of your claim.

Can I Make A No Win No Fee Surgical Negligence Claim?

Most of the cases we handle are funded using a No Win No Fee Agreements. This means there’s no financial risk* to you when making a claim. You’ll only have to pay anything if your claim is successful - your opponent will pay most of our fees.

Why Choose Us?

Our solicitors help many people claim for surgical negligence. We understand the issues you may be facing and our team will work hard to get a positive outcome for you and your family.

Throughout your claim, our Client Liaison team will ensure your medical care and rehabilitation needs are met. They’ll guide you through the claims process and be on hand to help you and your family with any support you need.

Contact Us

For a free initial consultation about your surgical negligence claim, call us on 0800 121 6567 or contact us online.

No Win No Fee*
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Largest medical negligence department in the country

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Surgery Negligence Claims - More Information
    • What Will Happen When I Make A Surgery Compensation Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and find out if you have a claim. We’ll also talk about how you can pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts will look at what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings. 

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • Can I Make A Surgery Claim On Behalf Of Someone Else?
    • In some circumstances you might be able to make a claim on behalf of someone else, including:

      • On behalf of a child who has experienced negligent surgery before their 18th birthday
      • For someone who doesn’t have the mental capacity to handle their own case
      • On behalf of a loved one who has unfortunately passed away

      If you’ve sadly lost a loved one in these circumstances, we can help you with:

      • Getting compensation for your loved one’s pain and suffering, to account for financial losses caused by the death and to cover funeral expenses
      • Representing you at inquest
      • Dependency claims – helping you secure inheritance that wasn’t left in your loved one’s Will
      • Getting you the answers and apology you deserve

      Our lawyers could also help you access a statutory bereavement award, a flat rate of currently £12,980 (payable by the defendant when a wrongful death has occurred). This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

      To make a claim for someone who has passed away, you’ll normally have three years from the date of their death or three years from the point where surgical negligence was discovered.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

    • Meet Our Team Of Solicitors Specialising In Surgery Negligence Claims
    • Our experienced team of lawyers understand that you’ll be going through a distressing and traumatic time and may be worried about your future, your long-term care or your financial security. Whatever your circumstances, we want to help you find out exactly what happened and why, securing the compensation you deserve to help you recover.

      With offices across the country, our solicitors will never be too far away from you. We have one the largest medical negligence teams in the UK made up of some of the country’s leading lawyers. Our experts don’t only handle compensation claims, but campaign to ensure patient safety. We support Action against Medical Accidents AvMA), a charity which supports those who’ve suffered as a consequence of medical accidents.

      View our surgical negligence experts.

      As a full-service law firm, we have a number of teams who’ll be able to support your claim, including:

      • Asset Management – to make sure you have access to funds throughout your life
      • Client Liaison Managers – to help you plan and access the best care and support
      • Court of Protection – this team can set-up personal injury trusts which can prevent your state benefits being influenced by your settlement
      • Wills – protect the future of your loved ones by setting up and updating your Will
      • Employment – to help with any issues that may have arisen by having time off

Over the last two and a half years, I couldn’t have got to where I am now without the support of Irwin Mitchell.”

Stephen, client
Stephen Onley quote image

Frequently Asked Questions

Who Can I Claim Against Following An Operation Gone Wrong?

We have the expertise to help you claim against the NHS, private hospitals or clinics. Sometimes, many people could be involved in your operation going wrong.

Our solicitors will make sure the correct people are held responsible so you can get the compensation you deserve.

To find out more about making a surgical negligence claim, contact us on 0800 121 6567.

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What Constitutes Surgical Negligence?

Unfortunately surgeons sometimes make mistakes during surgery meaning that your problem might not be corrected and you may actually be left with further injuries. We’re here to help if this has happened to you and can help you make a claim if your surgeon:

  • Performed the wrong operation
  • Operated on the wrong body part
  • Left foreign objects in the body
  • Caused infection from poor hygiene
  • Stitched the wound incorrectly
  • Didn’t check your suitability for surgery
  • Failed to provide post-operative advice
  • Didn’t inform you about the risks of surgery
  • Injected too much/little anaesthetic
  • Caused nerve damage
  • Injured nearby organs

Securing compensation can make a huge difference, allowing you to access private healthcare from specialists who can rectify any injuries your negligent surgery caused. Our medical negligence lawyers will listen to your needs, making sure we get the best outcome for you.

If you’re interested in making a claim, contact us today on 0800 121 6567.

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How Long Do Surgical Compensation Claims Take?

We try to make every claim run as efficiently and smoothly as possible, getting the best outcome for you as soon we can. However, every claim is different and the time they take to settle will differ case-by-case.

Complex cases can take longer because we need to know the true consequences of your negligent treatment before your claim can be finalised. Because claims can take some time to settle we can try and get you early “interim” compensation payments to pay for care while your claim is ongoing (unfortunately this is only possible if your opponent has accepted responsibility early on).

For more information on making a surgical negligence claim, don’t hesitate to contact our team on 0800 121 6567.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

The Times Best Law Firms 2019 UK Chambers & Partners Leading Firm 2018 Leading Firm - Legal 500 2017

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for changes to patient safety by supporting Action against Medical Accidents (AvMA).

This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

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