Delayed Surgery Claims

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.

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.

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.

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.

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.

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.

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

• Spinal surgery

• Eye injuries

• Cancer-related surgeries

• 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.

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.

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. 

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.

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.

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.

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.