Surgical Negligence Claims
As is with the legal process, we understand that surgery of any kind can often be daunting. As a patient undergoing surgery you are resigned to complete trust in a medical specialist who is duty bound to preserve your wellbeing against the odds. However, medical mistakes can happen leaving sever repercussions in its aftermath. As a result you can be entitled to compensation.
Surgical negligence is a form of medical malpractice that can occur if a surgeon or other medical professional has failed to deliver the standard of care that a reasonable competent surgeon would have otherwise provided in the same situation.
To claim compensation you must prove that the surgeon or medical professional:
- Failed to meet the standards and quality of a competent surgeon in the same field
- The failure led to further injury for the patient
- The patient has suffered as a result of the injury
- Surgical negligence cases can come in a wide range of forms, if your surgeon has made a mistake then we can make a claim, some of these circumstances will include:
- Performed the wrong surgery or on the wrong body part
- Performed the surgery incorrectly
- Left foreign objects in the body
- Failure to inform the patient of the risks of surgery
- Failure to diagnose pre-existing condition to check whether you’re suitable for surgery
- Caused nerve damage or injury to other organs
Surgical errors such as those mentioned, and many more, can negatively impact your wellbeing and lead future complications. It is imperative for surgeries to be regulated and undertaken successfully, with surgeons taking every precaution that warrants their duty of care to the patient undergoing surgery.
If you believe there to have been a surgical negligent act which has adversely affected your health, causing you pain and suffering, we advise you to seek advice from our specialist team at the earliest opportunity.
If the surgery negligence claim is in relation to:
A minor: You have up until their 18th Birthday. From the 18th birthday they have a further 3 years to make a claim, until they are 21.
An adult: A claim must be made within 3 years from the date of injury of which occurred or date of knowledge that there has been medical negligence.
Every claim is different from the other, each claim has its own circumstances and situations where they need to be followed up properly and thoroughly. How much you will end up receiving depends on many factors such as these for example:
- The severity of the pain and suffering
- Future implications
- Care, Aids, and/or housing adaptions.
- Expenses incurred as a result of the negligent treatment, including hospital bills, medication, rehabilitation costs, and any future medical care needs.
- Loss of earnings
Our specialists are here to make sure that maximum compensation is achieved with no stone unturned and will not rest assured until they deemed to have done everything possible.
HOW LONG WILL IT TAKE FOR MY MEDICAL NEGLIGENCE CLAIM TO SETTLE?
Each claim must be considered upon its own merits. The type of medical evidence we must obtain will be dependent on the act or admission carried out by the medical expert. Whilst we are unable to provide a time frame, we do promise to ensure the claim is dealt with in a swift and professional manner.
WILL I RECEIVE AN INTERIM PAYMENT?
Interim payments are not an automatic right, you will need to show that there is a need for the interim payment for one to be obtained from the relevant insurers.
WOULD YOU ASSIST WITH REHABILITATION AND TREATMENT?
We are not here only to just recover compensation for the malpractice of a medical professional, we are here to also ensure that you are adequately looked at, cared for, and made sure that you are on the right path to recovery. Money can only go so far if you are still suffering so we will do our best to align you with the best medical professionals out there to maximise your chances of recovery.
HOW MUCH DOES IT COST ME TO MAKE A MEDICAL NEGLIGENCE CLAIM?
The cost of instructing a medical negligence lawyers can become alarming, even more so when situations like these can unfortunately put you of work. The though of further expenses coming out on-top of your reduced wage can be disheartening.
However, at Zenith Lawyers LLP we make most of our medical negligence claims on a No Win No Fee basis. This means that you won’t pay anything upfront and will only pay if your claim is successful at the end. Most legal fees will be covered by the third party and the rest will only be deducted from your compensation award. All this will be formally discussed and agreed with you prior to proceeding forwards with your claim.