Surgical Negligence Claims
When you undergo surgery, you have to trust the medical professionals involved. We all know and understand that there are risks with any surgery. However, when mistakes are made, you could be entitled to make surgical error claims for surgical negligence.
The majority of surgeries pass without incident, but there are occasions when serious mistakes happen. These mistakes can prove catastrophic, causing you or a loved one further suffering. This means you could be entitled to compensation.
If you think you or a loved one has been a victim of surgical negligence, contact us, and we'll do all we can to help.
Get in touch with us to
talk about your situation
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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.
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The amount you're likely to receive when you make your claim varies enormously depending on your circumstances.
Every surgical negligence case is different, so the final payout will be based on the severity of the injury or illness you experienced. The amount tends to be higher the more severe your illness or injury is and the effect it has on your life.
Other factors, like the impact on your health, medical expenses, and loss of earnings, will also come into play.
The compensation for surgical errors 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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Every surgical error 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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We know this is a difficult time for families, which is why our team of expert lawyers are 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. They’ll help 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.
We put our trust in medical professionals who operate on us, but when mistakes happen, they can cause unnecessary pain, leaving you unable to work or enjoy life.
If you think you or a loved one has fallen victim to negligence in surgery, our team of professional lawyers could help you claim compensation through a surgical negligence claim.
As the patient, you may be able to make a claim against a hospital, surgeon or another healthcare provider if you have suffered injury, illness, or harm due to a failure to meet the standard of care before, during, or after a surgical procedure.
We could help you make a claim if your medical professional:
Performed the wrong procedure or operated on the wrong body part
Caused nerve or organ damage
Caused infection from a lack of hygiene
Didn't inform you of your procedure properly, including risks
Didn't check your suitability for surgery
Did not carry out proper aftercare
What is surgical negligence?
If you think any of this has happened to you, or you want to get in touch about another injury sustained after a surgical error, please contact our team of lawyers to see if you can make a claim.
Making a 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 do I make a surgical negligence claim?
Three year claim limit
There is a three-year time limit on making a compensation claim for surgical negligence. As soon as you are aware that a surgical error has taken place, it's important to speak to one of our specialist solicitors.
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.
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 surgical 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?
Our client-first approach ensures you're comfortable with each stage 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 client-first approach
Our team of specialist lawyers works 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 any medical treatments needed.
In your free consultation, we can explain how your claim will be funded in more detail.
To find out whether you're able to make a surgical negligence claim, please call us on 01752 827085. You’ll be able to speak to one of our qualified and expert solicitors immediately. There’s absolutely no obligation to do anything, but the sooner you know what your options are, the better it will be for you.
Additional support
Surgical Negligence FAQs
Below, we have addressed the most commonly asked questions about surgical negligence claims and compensation for surgical errors.
If you have any other questions that aren't answered here, don't hesitate to contact us.
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This is by no means an exhaustive list, but it gives you a good idea of the type of surgical negligence that can take place. If your healthcare provider:
Performed the wrong procedure or operated on the wrong body part
Caused nerve or organ damage
Caused infection from a lack of hygiene
Didn't inform you of your procedure properly, including risks
Didn't check your suitability for surgery
Did not carry out proper aftercare
You could be entitled to compensation.
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You may be able to claim against your healthcare provider if their actions fell below the expected standard of care, which caused significant injury, illness, or further complications. This means you could have been a victim of negligence in surgery.
There is a three-year time limit, so if your surgical negligence happened within this time, you may be able to make a claim.
Get in touch with our lawyers today to see if you can make a claim.
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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 died due to medical negligence by a healthcare provider, you can pursue a claim for them.
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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 the error or from the date you became aware of it—whichever is later.
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.
To help you understand your specific time limit, get in touch with our team today and get the ball rolling.
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Because of the varying circumstances that are specific to you, there is no fixed average payout for a surgical error claim. Each payout is based on the severity of the claim.
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We’d strongly recommend that you can speak to our team of expert lawyers, who can advise you on whether you have a claim to pursue.
If you believe your healthcare provider has:
Performed the wrong procedure or operated on the wrong body part
Caused nerve or organ damage
Caused infection from a lack of hygiene
Didn't inform you of your procedure properly, including risks
Didn't check your suitability for surgery
Did not carry out proper aftercare
then you may have a claim. There’s no heavy pressure or sales, and you’ll be able to talk to our qualified and experiences lawyers immediately.
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In a surgical negligence claim, you need to first prove that there was a breach of duty of care that led to injury, illness, or further suffering for the patient.
Your lawyer will talk you through any physical evidence, like your medical records, you need to make a claim, and they will research issues raised if necessary.
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Yes, you can sue the NHS if their duty of care fell below standard expectations and that resulted in injury, illness, or further suffering for the patient.
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 for surgical error claims.
NHS Resolution is an independent body and essentially acts as an insurance provider for NHS Trusts. 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 concerned. This means your claim won’t take money away from other patients being treated.
If you have any more questions, please don't hesitate to contact us.
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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.