Delayed Surgery Claims
Delayed surgery can be distressing, potentially leading to further health problems. If you had a surgery delayed due to medical negligence, you could be entitled to claim delayed surgery negligence compensation.
The NHS has been under a lot of pressure in recent years, and delayed surgery can happen for many reasons. However, if your surgery was delayed because a healthcare provider failed to meet the expected standard of care, you could make a claim.
Delayed surgery can cause feelings of uncertainty, stress, and, in some cases, worsen your health condition or injury, deeply affecting your life and health. If this happened to you, you could be entitled to compensation.
If you think you or a loved one has suffered from a delayed surgery, please contact our team, and we’ll do all we can to help you through this difficult time.
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A delay in treatment or surgery caused by medical negligence occurs when a patient waits longer than expected for a scheduled surgery because a healthcare provider failed to meet the expected standard of care.
This can happen if your healthcare provider:
Misdiagnosed your condition
Lost your medical records
Improperly triaged you in A&E
Failed to refer you for surgery when appropriate
Recommended the wrong treatment
Didn’t follow proper procedures and protocols
In other words, a delay in treatment, such as surgery, caused by medical negligence could and should have been prevented with proper medical care.
If you think you’re a victim of delayed surgery, because of medical negligence, and it caused further harm, get in touch with us today, because you may have a claim.
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In the UK, you generally have three years to make your claim, which is why you need to proceed as soon as you can.
The three years will start from the date of delayed surgery, or it can be three years from the date you became aware of the medical negligence which led to delayed surgery.
There are exceptions to this rule, though. For example, if the claimant lacks mental capacity, there tends to be no time limit. A child has three years from their 18th birthday to bring a claim themselves, meaning the limit extends to their 21st birthday.
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The amount you're likely to receive when you make your claim varies enormously, depending on your individual circumstances.
Every delayed surgery case is different, so the final payout will be based on the severity of your situation. The amount tends to be higher, the more severe the injuries or illnesses sustained due to the delay.
Medical expenses, loss of earnings, impact on your life, and future requirements for rehabilitation, treatment, therapy, and care will also make a difference to your final payout.
The compensation is awarded to put the claimant back in the position they would have been in had the negligence never occurred. It's not to punish the healthcare provider.
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Yes! Our lawyers work on a no-win, no-fee basis, so there is no risk to you or your family's finances when you make a claim.
Get in touch with us to
talk about your situation
When You May Be Able to Claim
Surgical procedures are usually performed timely, without unnecessary delay. However, sometimes healthcare providers can make mistakes, causing your surgery to be delayed.
These mistakes can amount to medical negligence, meaning they could have been prevented with the proper medical care.
If your surgery was delayed because of one of the following reasons, you may have grounds to make a claim for compensation:
You were misdiagnosed: If your healthcare provider failed to diagnose, wrongly diagnosed, or misdiagnosed your condition, resulting in delayed surgery.
Your medical records were lost: If your healthcare provider lost or misplaced your medical records while not following proper procedures, resulting in delayed surgery.
You were incorrectly triaged in A&E: If your healthcare provider improperly triaged you while you were in A&E, resulting in delayed surgery.
You were not referred for a surgical procedure: If your healthcare provider failed to refer you for surgery when appropriate, resulting in delayed surgery.
You had the wrong treatment: If your healthcare provider provided the wrong treatment, resulting in a delay of the correct treatment — surgery.
Your healthcare provider didn’t follow proper procedures and protocols: If your healthcare provider failed to deliver the expected standard of care, resulting in delayed surgery
Every delayed surgery case is unique, and you might still have a claim if your personal situation hasn’t been listed above.
If you want to find out if you can make a claim, please contact our team of expert solicitors, who will be able to advise you further.
There is a three-year time limit on making a compensation claim for delayed surgery. As soon as you’re aware that medical negligence has taken place, which resulted in a delayed surgical procedure, it's important to speak to one of our specialist solicitors.
Calculating the three-year time limit can be complex. If you are unsure, please contact one of our team for some free, no obligation initial advice.
We understand the stress you or a loved one is currently experiencing, which is why our team will do all they can to help you achieve a positive outcome.
Contact our surgical negligence solicitors today for a chat and to arrange your free consultation.
Making a delayed surgery claim can be overwhelming, but our team of professional lawyers are here to help you navigate through this confusing time.
Get in touch with us today to talk through the details of your circumstances in a free initial consultation with one of our friendly lawyers. They'll also answer any immediate questions you may have about the process.
How we can help
Three year claim limit
We know you're going through a difficult time, which is why our lawyers here at Nash & Co Solicitors in Plymouth are here to help you through.
Our team of experts in medical negligence will take great care when handling your case. Not only are they excellent lawyers, they're sensitive to your situation, too, and they'll do all they can to help you achieve your desired outcome.
We recognise that no two situations are the same, and we will offer personalised support for your individual case.
Why choose us to help you?
Client-first approach
Our client-first approach ensures you're comfortable with each step of the process. We'll never use complicated legal jargon that leaves you confused. Instead, we'll help you understand all the details clearly and concisely.
We're also committed to regular communication, so you're never left wondering what the next step is.
Our team of specialist lawyers work on a no-win, no-fee basis, meaning there is absolutely no financial risk to you or your family.
We won't ask you to make any upfront costs, and you won't have to pay a penny out of your own pocket. We may even be able to get you some interim payments to help pay for medical treatments and recovery.
In your free consultation, we can explain how your claim will be funded in more detail.
To find out whether you can make a delayed surgery claim, please call us on 01752 827085.
You'll get to speak to one of our lawyers right away, and we can answer some of your questions there and then. We can also talk about booking you in for your free consultation.
Additional support
Delayed Surgery Negligence Claims FAQs
Below, we have addressed the most commonly asked questions about delayed surgery compensation and claims.
If you have any other questions that aren't answered here, don't hesitate to contact us.
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Yes, it's possible to claim for someone else who is unable to do so themselves. The most common examples are:
Claiming for a child: Children can't legally claim themselves until they reach 18, so a parent or legal guardian can do this for them. If a settlement is not reached sooner, the child has until their 21st birthday to claim.
Claiming on behalf of someone with limited mental capacity: A loved one can make a claim on their behalf, and there is usually no time limit in these cases.
Claiming on behalf of a deceased relative: If your loved one has died as a result of medical negligence by a healthcare provider, you can pursue a claim for them. Alternatively, even of your loved one subsequently dies of other causes, it may be possible to make a claim for the lifetime effects of the surgical negligence on behalf of their Estate.
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When you decide to make a delayed surgery claim, our first step is to listen carefully to your experience and gather the details of what happened.
We’ll then review your medical records and seek expert opinions to determine whether the care you received fell below expected standards.
If we believe you have a strong case, we’ll guide you through the claims process.
In many cases, claims are settled without the need to go to court. If your case does proceed further, we’ll represent you at every stage. Throughout the process, our aim is to make things as straightforward as possible, keeping you informed and supporting you from start to finish.
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Because of the varying circumstances that are specific to you, there is no fixed average payout for a delayed surgery claim. Each payout is based on the severity of the claim.
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If you think you might have a delayed surgery claim, but are not completely sure, you can get in touch with our lawyers today. They'll be able to advise you on whether or not you can make a claim.
A person can usually make a claim if they can prove they had a delayed surgery due to a healthcare provider's medical negligence.
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You will need to prove that your surgery was delayed due to medical negligence by a healthcare provider.
Our lawyers will discuss with you the exact documents you'll need for your case, but you'll usually need your medical records, proof of financial loss due to not being able to work, witness statements, and more.
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Every delayed surgery claim is different, so there is no set time frame from claim to settlement. Complex claims can take years, while simpler claims where liability is accepted quickly can be settled faster — time frames are on a case-by-case basis.
Once your lawyer understands more about your case, they may be able to guide you on a rough time frame, and they will be sure to update you throughout the process.
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Unfortunately, healthcare providers can make mistakes that cause a delay in treatment or surgical procedures for patients. Below is a list of those commonly delayed:
Orthopaedic injuries
Cancelled surgeries
This list does not include all surgical procedures that can be delayed. Rest assured, we can advise you on any surgical procedure.
Please get in touch if you think you’ve received delayed surgery to discuss your situation.
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Depending on the length of the delay and the medical condition, there can be huge health implications for patients awaiting treatment.
Delayed surgery can:
Worsen the injury or health condition of the patient
Cause further pain
Increase the risk of complications
Cause the condition or injury to become life-threatening
This list doesn’t cover all the effects delayed surgery can cause, and if something else happened to you, please contact our team to discuss your individual experience.
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Delayed surgery can be the result of medical negligence, but not always. A delayed treatment can only be considered negligent if:
The healthcare provider's actions fall below the expected standard of care
The below-standard actions are a direct cause of delayed surgery
You experienced further suffering as a result of the delayed surgery
If you think this sounds like your situation, or you’re not sure, please get in touch, and we’ll do all we can to help you.
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Yes, you can sue the NHS if your surgery was delayed as a result of medical negligence by an NHS trust.
You can do this through our team of expert lawyers here at Nash & Co Solicitors. For more information on how you can make a claim, contact us today, and we'll do what we can to help.
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We completely understand if you feel this way, given the problems the NHS is facing in our current climate.
However, a body called NHS Resolution handles claims against the health authority. The government set up this organisation to handle compensation claims.
NHS Resolution is an arm’s-length body of the Department of Health & Social Care and essentially acts as an insurance provider for NHS Trusts and GPs. Every year, each Trust will pay an amount to NHS Resolution, just like you do for car or home insurance.
When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust or GP concerned. This means your claim won’t take money away from other patients being treated by that Trust or GP.
If you have any more questions, please don't hesitate to contact us.
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We know this is a difficult time for families, which is why our team of expert lawyers is here to help and support you from your initial enquiry to the end of your case.
Not only are they exceptional lawyers, but they're also extremely sensitive to your situation, helping you through this next stage with personalised support, excellent communication, and all the details you need to feel comfortable during these next steps.
If you think you have a claim and would like to discuss it with a professional, get in touch with our team today.
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If you don’t think you’re getting the level of service or satisfactory advice from your current solicitor, we’d be happy to discuss switching your case to Nash & Co Solicitors. Just call our team on 01752 827085 or contact us online.
Get in Touch
As one of the top law firms in Plymouth, we make four promises to you that shape our everyday job to deliver exceptional client service and positive outcomes.
We are transparent about costs
We'll keep things simple and understandable
We'll always be straight with you and keep you informed
You'll get fast, efficient, and reliable service
Rest assured, whatever medical negligence issue you're facing, we'll do our best to help you.
Give us a ring or fill in our form below to speak to a member of our team today, and get the answers you need to make your claim.
If your enquiry is urgent then please call us on 01752 827085.