Risk of surgery – Medical Negligence case study

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We share a recent case study regarding a matter handled by our Medical Negligence team.

Our Deputy Head of Medical Negligence, Jade Glover, has recently made a settlement in a case in which the Claimant was not advised of a specific risk that was possible as the result of surgery.

Risk of Surgery

Unfortunately, the risk of the surgical procedure came to fruition, and it resulted in a great impact on the Claimant, both physically and psychologically, as he had been unable to prepare for this eventuality.

The failure to advise and consult with the Claimant regarding the risk necessitated avoidable and invasive surgery, carrying further risks which could have been completely avoided were it not for the failure to pre-warn.

The Claimant’s symptoms were not promptly addressed, they were not correctly advised in respect of the same, and funding was incorrectly withdrawn and then reinstated, which resulted in delays in further treatment and surgery, adding to the psychological impact.

Jade not only managed to successfully settle the claim in the Client’s favour, but in doing so she brought a sense of justice to them which helped to aid in the emotional part of their recovery as a result.

What can be deemed as surgical negligence?

Your surgery and care should meet certain clinical standards however, any surgical operation represents an element of risk. Even the most routine procedures involve a patient entrusting their life to a team of doctors.

When a surgical procedure goes wrong due to an avoidable surgical error, the effects can have a life-altering impact, both physically and psychologically to the patient.

Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation, leaving you with avoidable problems or injuries. This can include:

Performing the wrong operation/operating on the wrong body part
Leaving foreign objects in the body
Failing to inform you about the possible risks of surgery or check your suitability for surgery
Injecting too much or too little anaesthesia
Causing avoidable nerve damage or injury to your organs.

Negligent surgical treatment can severely affect a patient’s life, recovery period and in more serious cases result in death.

If you’ve received negligent surgical treatment which has left you in a debilitating condition or unnecessary pain and suffering, you may be eligible to make a clinical negligence claim.

How long do I have to make a claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

How are surgical negligence cases funded?

The majority of surgical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement.

This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Why should I choose Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For more examples of successful cases and claim amounts awarded, read some of our additional case studies featured here.