Surgical Error compensation

Written By: Ayesha Salim on December 16, 2009 No Comment

Most surgeons perform surgeries on their patients to a high standard, and their patients expect nothing less as they are owed a duty of care. Despite this, patients have complained of errors occurring during their operation, errors which should not have occurred. The risks involved in a surgical procedure should not be confused with errors on the part of the surgeon. For example, the doctor has a duty to inform their patient of the risks involved in their surgery and the likelihood of it affecting the surgery. In these cases, if something goes wrong the patient cannot hold the surgeon responsible. However, if the error is related to leaving swabs inside a patent, or failure in the correct administration of anaesthesia to the patient, then the hospital could be held liable. If you have suffered as a result of a faulty injury, you could be entitled to make a surgical error compensation claim.

As with most medical negligence claims, you have a three year period in which to bring forward your claim. However, in some instances you may not notice the error until a much later date. In these circumstances your three year period will not begin on the date of your surgery, but the actual date you became aware of the error and injury.

Some types of the surgical errors that can give rise to a claim can include the following:

Complications with laser eye surgery

Items being left inside the body, such as swabs, and other surgical implements

Operations being performed on the wrong part of the body

Performing the wrong type of operation

Damaging any nerves or tissue during the surgery

Errors in cosmetic surgery

Errors with incorrect administration of anaesthesia, such as becoming aware during the surgery

Making the surgical error claim

If you decide to make a surgical error claim, there will be a few hurdles that will need to be overcome. Firstly, it is necessary to show that it was the negligence of the surgeon, or medical practitioner that caused the injury to the patient. The treatment method of the surgeon will be compared to other medical practitioners in the same speciality. It will have to be shown that no other reasonable medical practitioner in the same speciality, would have performed the procedure in the same way, and that the outcome would have been different, had the procedure been performed in a different way.

Following the error in the surgical procedure, you should make a complaint to the hospital where you had your surgery, to ensure that the matter is fully looked into. It is best to do this as soon as possible, to ensure that the error does not occur again on another patient. However, it is unlikely that you will be compensated. Therefore, it will be useful to you to contact a clinical negligence solicitor who will be able to assist you in your case, and advise you on the best way to proceed.

Medical negligence compensation

Our clinical negligence solicitors will assist you in your case, should you decide to seek compensation for your pain and suffering. The effects of a surgical error can be quite traumatic, and in some cases you may be psychologically affected. We will provide you with the best legal advice, in order for you to make a decision on how to proceed.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, clinical negligence, find a solicitor, legal, lawyer, law help advice, solicitors litigation