Surgical errors are a very serious matter. They include errors being made or the procedure not being up to the highest standards. While no surgical procedure can ever be expected to be 100% successful, there can no excuse for sub-standard work by the surgeon or his team. Anyone suffering such a dreadful situation can be excused for asking, “I am a victim of surgical error – do I have a claim?”
What constitutes surgical error?
Typically, errors in the surgical procedure include problems with anaesthesia where too little is administered, complications with hysterectomies, failed sterilisations, errors with breast implants and problems with keyhole surgery. Of course there are many more examples, but the message is clear: if you are a victim of surgical error then you may well have grounds for a personal injury claim.
To be able to make a claim following surgical negligence you will have to prove that someone, usually the surgeon, was negligent in carrying out the procedure. This can be a daunting task because most people do not have the necessary knowledge and the surgeon will strongly defend any claim that he was negligent, often through his employer – such as an NHS Trust. This means if you are going to have any chance of success with your claim you will need to engage the services of solicitors who have the expertise to deal with such issues.
The importance of using legal experts when launching a claim for surgical error
There are personal injury solicitors who specialise in cases involving clinical negligence and surgical errors. Our own team, based on the evidence provided, will be able to decide if have been the victim of clinical error and help you make your claim. There are tight time limits from when you noticed or started feeling the effects of surgical negligence and being able to lodge a claim. So it is in your interest to get in touch with us as soon as possible.
In order to prove that you have been the victim of surgical error you will first need to have a medical examination undertaken by independent medical experts. We will also arrange to receive your medical records. The results of the examination and what is contained in your medical records will provide the evidence needed for the basis of your claim.
The claim itself, in consultation with you, will be drawn up by the medical negligence solicitors at Accident Advice Helpline and our own team of medical experts.
You may be offered a settlement before the case is taken to court. If this happens you should make contact with us before rejecting or accepting it. This is because the offer will more than likely have been made with the interest of the surgeon, hospital or trust at heart rather than yours. An early settlement will avoid going to court. However, the offer may be less than what the court might order to be paid.
How much will our services cost?
Not only will we open your case for free, we will represent you on a 100% no win fee basis. This means there is no risk to you and if you are not successful you will not owe us a penny.
Date Published: October 14, 2013
Author: David Brown