Getting injured during a medical operation is a frightening prospect, but unfortunately it does happen. The injury may not only be physical; due to the adverse effects it might have on your life, it could also be psychological.
Apart from the pain and distress there may also be other problems arising from becoming injured during a medical operation. It may be necessary to take additional time off work, which will lead to loss of earnings. If the injury is very serious it could have a devastating effect on your life, leading to mobility issues and the prospect of your home having to be adapted.
If you have suffered an injury during a medical procedure you may be entitled to compensation, not only for any pain and suffering caused, but also for losing the ability to earn a living for an extended period of time and to pay for additional support or other special requirements.
Who do I claim against if I am injured during a medical operation?
If a claim is to be made for compensation it should be against the person or body responsible. Where injury during a medical operation is concerned, the body responsible is either the company owning the private hospital / clinic or the NHS Trust governing the hospital where the medical procedure took place. As for the individuals responsible, the surgeon who undertook the operation may also be liable. He or she could, for example, have operated on the wrong side of the body or even have left a piece of equipment inside the patient while they were on the operating table.
Other members of the operating team may also be responsible. Errors with anaesthetics can be devastating, in which case the anaesthetist could be held responsible. Poor post-operative care could result in action being taken against other members of the medical team.
How do I make a claim?
If you claim for injury, whether physical, psychological or both, you should seek the assistance of specialist solicitors because liability can be hard to prove. The medical people against whom the claim is being made are sure to have access to legal representation, as will the hospital or clinic.
Your own legal team will carefully sift through the evidence, seek the necessary medical records and may also take advice from medical specialists in order to reinforce your claim.
It might be that an offer of compensation is made in order to keep the matter out of court. This is to help save the individual or organisation being sued from incurring additional legal costs and avoid adverse publicity. However, the amount offered could be well short of the sum a court might award. Your solicitor will advise if the offer should be accepted or if the matter should be fought in a civil court.
How much will my claim for compensation cost?
It will cost you nothing, because our medical negligence solicitors can represent you on a no win, no fee basis. If your claim is lost you will not have to pay a penny for your legal representation.
Date Published: August 13, 2013
Author: David Brown