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.

The types of surgical errors that occur include some of the following:

Pieces of equipment being left inside the body, such as swabs

Performing the wrong type of operation

Complications with laser eye surgery

Wrong type of surgery being performed

Damaging any nerves or tissue during the surgery

Errors in cosmetic surgery

Errors with anaesthesia, such as becoming aware during the surgery

How to make 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.

The first step you may want to take is to make a complaint to the hospital where you had your surgery, to ensure that the matter is fully investigated. This may result in an explanation, and steps might be taken to ensure that an error like this does not occur again. 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 are experienced in dealing with surgical error cases and 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 traumatising, 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.