When you undergo surgery, you place your trust in the medical staff to perform the procedure correctly. However, even in experienced hands, mistakes can happen on the operating table, and the consequences can be grave. JMW's team of experienced solicitors has helped countless people with surgical negligence or unnecessary surgery claims and can guide you throughout your case.
Making a compensation claim for surgical negligence can help to make up for the suffering you have experienced. JMW can help you make a strong case based on medical evidence and a firm understanding of the law, giving you the best possible chance of achieving a positive outcome and moving on with your life.
If you or a family member have suffered a surgical error caused by a doctor or surgeon's medical negligence, our team of experienced solicitors can help you to claim compensation.Call us on 0345 872 6666, or submit an online enquiry form and we will get back to you. We are able to offer no win, no fee agreements on the cases we take on.
Our clinical negligence team is among the most experienced in the country when it comes to claiming compensation on behalf of clients and helping people who have suffered due to a wide range of surgical errors.
We are knowledgeable and understanding, and can provide the expert guidance you need to ensure that the seemingly complex task of making a compensation claim becomes as straightforward as possible. We understand how stressful this experience can be and pledge to support you every step of the way.
The team is regarded as being among the very best across England and Wales. We have solicitors on the Action against Medical Accidents (AvMA) solicitors panel, as well as the Law Society's specialist panel for clinical negligence. During a free initial consultation, JMW can advise you on whether your experience constitutes surgical negligence and what legal options are available to address the problem. We have a strong track record in medical negligence claims of this kind.
The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.
It was alleged that there was a delay in the performance of exploratory surgery following the initial operation despite entries in the nursing notes which indicated neurological deterioration. Had William been appropriately treated post-operatively his neurological and functional recovery would have been full. Read the full case study here.
If you have suffered an injury or illness as a result of negligent surgical care, you may be entitled to claim compensation for time off work, medical costs, and the pain and suffering caused to you and your family.
JMW’s clinical negligence team will work with you to understand your case, before carrying out an investigation into the circumstances of your surgery to establish whether negligence was involved. This process will involve a review of the available medical evidence, including consultations with independent experts.
We will compile the strongest possible case to help you win your claim as quickly as possible, usually out of court. We will also try to obtain interim payments to help pay for any immediate care you may require, as our aim will always be to ensure that you are able to move on with your life and your recovery. If we are able to take your claim on, we can do so on a no win, no fee basis.
Although every surgical procedure has an element of risk, medical professionals have a duty of care to uphold, meaning they must perform surgery to the best of their ability to avoid complications. Unfortunately, this is not always the case, and errors do occur that result in clinical negligence claims being made.
Common examples of surgical negligence include:
Surgical negligence can leave those affected in need of long-term care, worrying about financial issues or - in the worst-case scenario - grieving a lost loved one. Surgical negligence compensation aims to cover the financial costs associated with these mistakes and to account for the pain and suffering you have experienced that should have been avoided.
A high proportion of medical errors are associated with surgery, most likely because the immediate impact and consequences of surgical errors are much easier to recognise than other medical mistakes.
Surgical errors occur for all kinds of reasons, from a basic lack of knowledge to the failure of a piece of equipment, but the most common reasons include:
The compensation you will get for a surgical negligence claim depends on the specifics of your situation. There are two payments that make up your total compensation amount:
Effective medical negligence solicitors can argue your case and pursue the maximum amount of compensation to which you are entitled. A surgical negligence compensation claim should account for all of your medical expenses, transportation costs and pain and suffering arising from surgery errors.
There is no strict timeline for the claims process when it comes to surgical negligence claims, and the time it takes to reach a settlement depends on a range of factors. For example, claims involving severe injuries typically require more time because it is important for experts to consider the full impact of your injuries. You may need further medical assessments or to bring in specialists to evaluate how they will affect your life moving forward.
Collecting and analysing medical records, securing expert opinions, and obtaining witness statements takes time , especially if records are extensive or experts have limited availability. However, the biggest aspect that affects the timeline is the defendant's response.
If the healthcare provider responsible admits liability, the claim may settle faster, as your solicitor will proceed immediately to negotiating over your compensation amount. If the other party contests their liability, the process can extend significantly and may end up in court. Cases that are resolved in court can experience delays due to court schedules and procedural requirements.
Most claims are settled out of court, and can be settled before the end of court proceedings even if the claim is taken to trial. Your solicitor will always fight to secure this outcome, provided it is possible to agree on a fair compensation amount, and to conclude your claim quickly. We may also be able to get interim payments, through which you can receive a portion of your compensation early, before the full amount is settled.
With all of this said, a rough estimate of how long the surgical negligence claims process can take is as follows:
Overall the process can take from around one to two years. Your solicitor will give you their own estimate of the timeframe during the process, to help you to prepare and understand what to expect.
There are time limits for starting any type of medical negligence claim in the UK, including for surgery compensation claims. This is typically referred to as the limitation period, and it usually lasts for three years from the date that your surgical negligence occurred. In some cases, it may begin from the date you became aware (or should reasonably have been aware) that negligence caused your injury. This is known as the date of knowledge. Whichever of these circumstances applies, surgical negligence claims must start before three years from this date have elapsed.
There are limited exceptions to this rule in surgical negligence cases where victims are children, or lack the mental capacity to make their own decisions. If the injured person is under 18, the three-year period starts on their 18th birthday, meaning they have until their 21st birthday to make a claim. Their parents (or a litigation friend) can claim on their behalf before this. If the injured person lacks mental capacity to handle their legal affairs, the time limit may be paused until they regain capacity. In some cases, there may be no time limit if they never regain capacity, and a litigation friend may need to make the claim on the person's behalf.
To make a free, no-obligation enquiry about a surgical negligence claim, call us on 0345 872 6666, or complete our online enquiry form and we will be in touch as soon as possible. Getting in touch with JMW's surgical negligence solicitors is the first step to obtaining the legal guidance and compensation you need.
