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Failed Operation Claims

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Hundreds of people attend hospitals each day to undergo surgical procedures. Whilst the vast majority of people have no problems, there are some that encounter issues as a result of negligence. Clinical negligence is when a healthcare professional mentally or physically injure you because of the standard of health care or medical treatment they provide. If a medical professional makes a mistake when carrying out a surgical procedure on you. you may be entitled to make a failed operation claim.

When you are treated by a medical professional, you expect to receive the best possible care. Therefore, when this does not happen it can feel as though you have been betrayed.

Failed or wrongly carried out surgery can be very serious as it can lead to severe and long-term consequences, disabling injuries or illnesses, loss of earnings and even the inability to look after yourself and others. In some cases, a failed operation can lead to a fatal injury.

If you have suffered an injury or illness as a result of a failed or wrong operation, you may have questions about whether you are eligible to make a claim or how to make one. Below is a summary to help you with some of these questions:


Failed operation claim: What can you make a claim for?


If you believe a surgeon was negligent towards you whist carrying out any type of operation, you may be able to raise a legal claim against the NHS or hospital in charge of carrying out the surgery. The types of surgical errors or mistakes you may be able to claim for include the following:

· The surgeon operating on the wrong body part

· Operations which were not successful, although some exclusions will apply

· The original issue being made worse by the surgery

· Operations that have created new issues

· Unnecessary operations

· Surgeons leaving objects inside patients

· Failure to obtain informed consent

· Failure to identify and/or treat infection during surgery


All of these types of errors can cause a variety of physical issues and complications; however, they can also cause potential psychological issues such as depression from their circumstances or frustration if they are no longer able to do things that they once enjoyed.

If you or have been impacted as a result of any of the reasons listed above, or due to any other type of medical negligence, you should think about making a clinical negligence claim.

Contact us today to speak to one of our medical negligence solicitors who can assist you with making a claim. If your child, or a person within your care has been injured as the result of medical negligence, we can help you to make a claim on their behalf.

You may also be able to make a claim if a family member has died because of negligence. You can claim for bereavement damages or for loss of dependency if you were financially dependent on the person who has died.


Am I eligible to make a failed operation claim?


If you have suffered a surgery error or failure in the past three years, you may have grounds to make a medical negligence claim. For your claim to be successful, we will have to prove that your injuries were caused by the negligence of the surgeon or team of medical professionals carrying out your operation.

As there is a three-year time limit for making a claim, we would recommend that you start your claim as soon as possible.


What should I do if I have been injured due to a surgical error?


If you believe you have been injured as the result of a surgeons negligence, you should seek medical attention straight away to have your injuries assessed. You should also file an NHS complaint, (or a complaint against the hospital, if private).

If you wish to make a compensation claim, you should contact Wildwood Legal for a free, no-obligation chat with one of our medical negligence solicitors.

If you are thinking about making a failed operation claim, it is important that you are aware of how to prove medical negligence. Clinical negligence cases must be built on evidence, so it is essential that you can prove what happened to you, caused injury as a result of someone else’s actions.


· Evidence that could help prove medical negligence include:

· Medical records including any ultrasounds or X-rays

· Any reports from medical experts that could be used as evidence

· Photographs or any injuries or illness related symptoms

· Financial evidence

· Detailed statements from the claimant

· Witness statement (these can from family or friends)


It is in your best interest to talk to a solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward.

Clinical negligence Solicitors from law firms can provide clarity on whether you have been wrongly injured due to medical negligence as they are legal experts and specialise in medical negligence compensation claims.


How much compensation will I receive for a failed operation claim?


There is no set amount of compensation you will receive for a failed operation claim as all cases are unique. Below are some factors which will be used when calculating your personal injury compensation amount:

· The severity of your injury

· Loss of benefits

· Length of recovery

· Loss of projected earnings

· Impact on daily life

· Loss of earnings


There is no maximum amount that you can be awarded for medical negligence. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to medical negligence. A medical negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.

If your family, friends or others have been required to provide you with additional care due to your injuries, then they may also be eligible to receive compensation for their time.

A medical negligence claim is made up of two areas, general damages and special damages.


General damages cover physical injuries (pain, suffering and loss of amenity), these damages take the severity of your injuries into consideration as the more severe your injuries are, the higher the compensation levels are likely to be. If you have been left disfigured or disabled as a direct result of a failed operation, this would be covered by general damages.

Special damages cover the financial impact the medical negligence had. This includes loss of earnings which will depend on the severity of your injuries and the type of job that you do. Special damages also cover any care that you may need. For example, if you lost a limb due to medical malpractice, the court would likely reward you with compensation to cover the financial implications of this in the future.


How can Wildwood Legal assist with your failed operation claim?


At Wildwood Legal, we know that the consequences of medical negligence can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.

We see all too often the significant effect that medical negligence can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.

If you’ve suffered as a result of medical negligence, get in touch with us and we can help you start your claim on a no win, no fee basis– we’re only a phone call away. To make an enquiry, get in contact with us either email us or call us 01423 209 046

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If you are thinking about making a claim, we would love to hear from you.  We will give you clear, honest advice.

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