Hernia 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, if your loved one subsequently dies as a result of other causes, it may be possible to make a claim on behalf of their Estate for the lifetime effects of the medical negligence.

When you decide to make a hernia 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 hernia surgery claim. Each payout is based on the severity of the claim.

If you think you might have a hernia 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 suffered avoidable harm or their condition worsened as a result of medical negligence before or during hernia surgery.

You will need to prove that your healthcare provider failed to meet the expected standard of care before or during your hernia surgery, and that this directly caused you avoidable harm.

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 hernia 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.

A hernia is a medical condition where an internal part of the body pushes through a weakness or opening in the muscle or tissue that normally keeps it in place.

Most hernias occur in the abdomen or groin, where the muscles can weaken over time or due to strain. This allows tissue, often part of the intestine or abdominal fat, to bulge through the weakened area, creating a soft lump or swelling.

Hernias don’t usually get better on their own, and can become painful or serious if the trapped tissue loses blood supply. For this reason, many hernias eventually require surgical repair.

According to the NHS, hernias tend to cause no or very few symptoms, but you may notice swelling or a lump in your abdomen or groin. 

It will mainly appear between your chest and hips. Coughing or straining may make the lump appear. 

To learn more about the different types of hernia, head to the NHS website.

Hernias typically develop when pressure pushes an internal organ or tissue through a weakened area of muscle. Common causes can include:

• Heavy lifting or straining, especially without proper technique

• Chronic coughing, often due to smoking or lung conditions

• Being overweight or obese, which increases pressure on the abdominal wall

• Pregnancy, which stretches and weakens abdominal muscles

• Persistent constipation, leading to repeated straining during bowel movements

• Previous abdominal surgery, where incisions weaken the surrounding muscle (incisional hernia)

• Ageing, as muscles naturally lose strength over time

• Genetic or congenital weakness, where the abdominal wall hasn’t fully formed (common in inguinal hernias)

• Fluid in the abdomen (ascites), creating internal pressure

Most hernia repair surgeries pass without complications, but sometimes healthcare providers can make mistakes, which cause the patient’s condition to worsen. 

Some examples of those common mistakes are:

• Hernia mesh complications: The use of faulty mesh, the wrong positioning, and fasteners can cause the patient further pain. 

• Missed or delayed diagnosis: If the diagnosis was wrong or not diagnosed until later, the patient could undergo the wrong surgery or experience further complications. 

• Organ damage during surgery: This is rare, but sometimes mistakes are made, leading to damage to organs such as the bowel and bladder. 

• The patient was not properly advised: Patients should understand the risks of the surgery and be told about possible alternatives before the surgery. 

Mild discomfort, tightness, or sensitivity can continue for a few months after hernia repair surgery, especially if mesh was used, as the tissues heal and settle. 

However, persistent, severe, or worsening pain may not be normal and may be a sign of complications, such as nerve damage, mesh problems, infection, or the hernia returning. 

If you’re still in significant pain months after your operation, it’s important to seek medical advice. 

Yes, you can sue the NHS if your negligent hernia repair surgery was performed 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.